PARVATHAMMA, W/O. LATE HANUMANNA DEAD BY L.R. LOKESH AND LOKESH H., S/O. LATE HANUMANNA Vs. GOVINDAPPA, S/O. LATE RANGAPPA @ RANGANNA DEAD BY L.R. (KARIYAMMA, W/O. LATE GOVINDAPPA, CHANDRAMMA, W/O. BASAVARAJAPPA AND LAXMAMMA, W/O. HANUMANTHAPPA)

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 10.11.2004 in R.A. No. 38/2002 passed by the Addl. District Judge at Chikkamagalur reversing the judgment and decree dated 28.10.2002 in O.S. 125/2001 passed by the Civil Judge (Sr. Dn), Kadur.

(2.) APPELLANTS are the Plaintiffs and Respondents are the Defendants before the Trial Court. In this judgment, for convenience, the parties are referred to their status before the trial Court.

(3.) THE plaint schedule property measuring 24 Acres 19 guntas in sy. No. 10 was granted in favour of Hanumanna the husband of first Plaintiff and father of second Plaintiff. Taking advantage of absence of Plaintiffs from Melenahalli the first Defendant illegally got transferred the revenue records in his name and subsequently entered into a partition, with his children, the other Defendants in this suit. Plaintiffs repeatedly requested the Defendants to hand over the plaint schedule property to them. Finally a Panchayath was held and they decided to given 8 Acres of land out 24 Acres 19 guntas in sy. No. 10 to the Plaintiffs. Though Plaintiffs agreed for the decision of Panchayathdars, the Defendants went back.