JUDGMENT :

Heard the learned counsel appearing for the appellant and the learned High Court Government Pleader appearing for the respondent.

2. The present appeal is directed against the judgment of the learned Principal District Judge, Bijapur in R.A.No.11/2011 dated 04.03.2011 thereby the judgment in O.S.No.350/2005 by the I Addl. Senior Civil Judge, Bijapur was confirmed.

3. The brief facts are as below:

The appellants are the original plaintiffs and they had filed suit for declaration and injunction against the defendant No.1 to declare that the plaintiffs' have become owners of Land in R.S.No.684/1 measuring 14 acres of Honawad village and also that they have right to receive the service benefits, insurance etc., which were bequeathed by the deceased Kalpana in favour of the plaintiffs under a Will dated 04.03.2005. They contended that the deceased Kalpana was the sister of the plaintiffs and she was working as a primary School Teacher in Athani taluk and she has married defendant No.1. They lead marital life for a period of 6 months and thereafter there was a difference among them. During the life time of deceased Kalpana, the respondent No.1 who happens to be her husband, contra