(1.) Present appeal filed by the defendant No.6 aggrieved by the judgment and order dtd. 12/12/2011 passed in R.A.No.41/2007 on the file of the learned Senior Civil Judge, Athani, (hereinafter referred to as the 'First Appellate Court'), in and by which the First Appellate Court while allowing the appeal set aside the judgment and decree dtd. 5/4/2007 passed in O.S.No.143/1991 on the file of the learned Additional Civil Judge (Jr.Dn.) and JMFC, Athani (hereinafter referred to as the 'Trial Court').
(2.) The aforesaid suit in O.S.No.143/1991 was originally filed by one Sri. Ramachandra Vithoba Salunke/plaintiff for relief of declaration of his ownership over the suit property and consequential relief of permanent injunction against the defendants.
(3.) It is the case of the plaintiff that suit property bearing R.S.No.72/3 of Katral Village of Athani Taluk measuring about 4 acres 15 guntas was belonging to one Jakanna also known as Jakkappa Rama Rasal of Katral village. That the said Jakkappa in exercise of his absolute ownership over the suit property had sold the same to the plaintiff for a valuable sale consideration by executing a registered deed of sale dtd. 22/5/1986 and possession was also delivered. In furtherance thereof, name of the plaintiff was mutated in the revenue records. That the plaintiff thus, has been in possession and enjoyment of the suit schedule property as an absolute owner thereof. That the defendant No.1 claiming to be the wife of said Jakkappa and defendants No.2 to 4 claiming to be the children of Jakappa with an intention of knocking of the suit property got their names mutated in the revenue records without the knowledge of the plaintiff. That the defendants based on the illegal entries in the revenue records had even attempting to alienate the suit property constraining the plaintiffs to file the above suit for declaration and injunction. During the pendency of the suit, the original plaintiff passed away leaving behind his legal representatives who have been brought on record as plaintiffs No.1A to 1E.