BHIMAPPA Vs. SAKREVVA

JUDGEMENT

(1.) These two appeals are filed by the appellants/ plaintiffs challenging the judgment and decree passed in R.A. No.3/2018 and 6/2018 arising out of the judgment and decree in O.S. No.274/2010.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The plaintiffs have filed a suit for declaration that they are the legal representatives of deceased Sakrevva W/o BhimappaDandin resident of Danakshirur Village under registered Will dtd. 10/1/2002 and consequential permanent injunction against defendants from causing any interference in peaceful enjoyment of the suit scheduled property. The suit scheduled property in land bearing R.S. No.103/2 measuring 5 acres situated at Dhanakashirur Village of Badami Taluka standing in the name of Sakrewwa W/o BhimappaDandin. It is the contention of the plaintiff that Sakrewwa was in possession and enjoyment of the suit property and she is the paternal aunt of the plaintiffs. That the Land Tribunal, Badami, has granted occupancy rights of the suit property in her favour and during her life time she has executed a registered Will dtd. 10/1/2002 in favour of the plaintiffs. It is asserted that after her demise, the plaintiffs have succeeded the suit property by virtue of the Will as the legal heirs of deceased and they are in possession of the suit property. It is asserted that defendant having no right title or interest over the suit property, obstructed for entering name of the plaintiffs in revenue records before the concerned authority and also interfering plaintiffs possession over the suit property. Hence, the plaintiffs filed the suit.