JUDGMENT :

Present second appeal is preferred by defendant Nos. 1 to 4 in O. S.No. 606/1989 (old No.122/1982). Original suit was dismissed by the Trial Court. Against which the plaintiff preferred first appeal before learned Civil Judge (Sr. Dn.), Chikodi in R.A.No.113/1996 which was allowed and suit of the plaintiff came to be decreed.

2. Being aggrieved by the same, defendants have preferred this appeal and this Court admitted the matter on the following substantial question of law:

"Whether the judgment of the first Appellate Court reversing the judgment and decree passed by the Trial Court relying upon the evidence of the power of attorney holder of the first plaintiff - PW1 is contrary to the decision of the Hon'ble Supreme Court in JANKI VASHDEO BHOJWANI AND ANOTHER VS. INDUSIND BANK LIMITED AND OTHERS (ILR 2005 KAR 729)."

3. A suit came to be filed by the plaintiffs seeking following relief:

"(a) That it be declared that the suit properties are the joint family ancestral properties of the plaintiffs and that they are in actual possession, wahiwat and cultivation of these lands and that the defendants have no manner of right to create any illegal documents.

(b) Consequential relief