Appellant/defendant feeling aggrieved by judgment and

decree passed by the First Appellate Court on the file of Prl.

District and Sessions Judge, Dharwad in R.A.No.14/2007, dated

18.6.2009, preferred this appeal.

2.

Parties to appeal are referred with their ranks as

assigned before Trial Court for the sake of convenience.

3.

The factual matrix leading to the case of plaintiff

can be stated in nutshell to the effect that plaintiff No.1 is

legally wedded wife of Basavaraj W/o Madivalppa Kurshannavar

of Lokur Village and out of the wedlock plaintiff Nos.2 to 4 are

born to them. The husband of first plaintiff died on 23.1.1998

leaving behind him the plaintiffs as only legal heirs. The suit

property bearing block No.14, measuring 3 acres 9 guntas out

of 12 acres 36 guntas has fallen to the share of deceased

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Basavaraj in the partition with his brothers. On the death of

Basavaraj, plaintiffs have succeeded to suit property. On the

basis of order passed by Assistant Commissioner, in RTS

No.128/2001, dated 27.7.2001, the defendant started asserting

her right over suit property and caused obstruction to the

enjoyment of suit property by plaintiffs. Therefore, plaintiffs

were const