BHIMAWWA Vs. RACHAPPA

JUDGEMENT

(1.) The above second Appeal is filed under Sec. 100 of CPC by the Defendant to set aside the judgement and decree dtd. 21/3/2016 passed in RA.No.17/2014 by the Senior Civil Judge, Yadgir (hereinafter referred to as the first Appellate Authority) as well as the judgement and decree dtd. 12/9/2014 passed in OS No.16/2011 by the Civil Judge and JMFC, Yadgir (hereinafter referred to as the 'Trial Court'). The Trial Court, vide its judgement and decree partly decreed the suit of the Plaintiffs.

(2.) For the sake of convenience, the parties will be referred to as per their rank before the Trial court.

(3.) It is the case of the Plaintiffs that Plaintiffs No.1, 2 and 3 are the children and Plaintiff No.4 is the wife of deceased Somappa Kavali. That the suit property was inherited by said Somappa from his father Shivappa Kavali who was the owner of the said land. That the Defendant illegally entered her name in the record of rights and are not concerned with the family of the Plaintiffs. Hence, the Plaintiffs sought for declaration of title, injunction and correction of the revenue entries in the record of rights.