1. First defendant has filed this appeal questioning correctness and legality of judgment and decree passed in R.A. No. 08/2009 by the Senior Civil Judge, Basavana Bagewadi dated 18.02.2011 whereunder the appeal filed by first defendant came to be allowed and judgment and decree passed by Civil Judge (Senior Division), Basavana Bagewadi in O.S. No. 104/2002 dated 03.11.2008 decreeing the suit by granting 1/4th share to plaintiffs and defendant No. 1 came to be modified by holding that plaintiffs and defendants 1 and 2 are entitled for 1/5th share in the suit schedule property.

2. I have heard the arguments of Smt. Ratna N. Shivayogimath, learned counsel appearing for appellant and Sri Narendra M. Reddy, learned counsel appearing for Sri Ashok S. Kinagi, for respondents 1 to 4. Perused the judgment and decree passed by the Courts below.

3. It is the contention of Smt. Ratna Shivayogimath that both the Courts erred in decreeing the suit inasmuch as said suit was based on false and concocted mutation entry which was without notice to appellant and said mutation entry has been set aside by the Assistant Commissioner, Basavana Bagewadi by order dated 30.07.2002 in Appeal No. 61/