(1.) This appeal is preferred by the plaintiffs challenging the judgment and decree dtd. 7/3/2014 in R.A.No.32/2012 on the file of the Senior Civil Judge, Hanagal (for short "the First Appellate Court", setting aside the judgment and the decree dtd. 16/10/2012 in O.S.No.99/2008 on the file of the Civil Judge and JMFC, Hanagal (for short "the Trial Court"), decreeing the suit of the plaintiffs.
(2.) For the sake of convenience, the parties are referred to as per their rank before the Trial Court.
(3.) It is the case of the plaintiffs that the suit schedule property was belonged to their father-Goususab Kirawadi, and the father of the plaintiffs had permitted the father of the defendants to reside in the suit schedule property on permissive basis and as the father of the plaintiff died long ago and as such the plaintiffs made claim for the suit schedule property, however, the same was denied by the defendants. It is the case of the plaintiffs that the suit schedule property is ancestral property of the plaintiffs and the defendants have illegally entered their names in the occupants column in respect of the suit schedule property and as such, the plaintiffs have filed suit in O.S.No.99/2008 before the Trial Court seeking relief of declaration of title and possession.