NINGAMMA Vs. PADMAMMA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the appellants and the learned counsel appearing for respondents No.1 and 5.

(2.) This appeal is filed challenging the judgment and decree dtd. 6/3/2018 passed in R.A.No.34/2017 on the file of the IV Additional District and Sessions Judge at Mandya.

(3.) The factual matrix of the case of the plaintiffs before the Trial Court is that in a family partition taken place on 20/3/1967, the suit schedule property was allotted to the share of Muddelingegowda, who is the husband of the first plaintiff and father of plaintiff Nos.2 to 5 and they are in possession over the suit schedule property. The plaintiffs have sought for the relief of declaration and permanent injunction to declare that they are the absolute owners after the death of their father and they are in possession of the suit schedule property. The defendants have no right, title or interest in the suit schedule property. After the death of Muddelingegowda, the defendants having colluded with the local officials got fabricated the documents in respect of the suit schedule property and also changed the khatha in the name of first defendant. When the same came to the notice of the plaintiffs, they preferred an appeal before the Taluka Panchayath in Appeal No.7/2000-01, the same was dismissed. Against that order, an appeal was filed before the Zilla Panchayath in Appeal No.36/2001 and obtained the stay in respect of illegal entries and defendants though not having any right in respect of the suit schedule property and they are trying to dispossess the plaintiffs from their lawful possession and enjoyment of the suit schedule property.