JUDGMENT

The plaintiff is before this Court being aggrieved by the common judgment and decree dated 29.11.2014 passed in O.S.No.404/2004 and O.S.No.305/2005 on the file of I Additional Civil Judge and J.M.F.C, Mangalore, D.K. (hereinafter 'the Trial Court') by which the Trial Court dismissed both the suits and the same is confirmed by the judgment and order dated 24.02.2022 passed in R.A.No.13/2015 on the file of I Additional Senior Civil Judge and CJM, Mangalore, D.K.

(hereinafter 'the First Appellate Court').

2. The brief facts of the case are that:

2.1 The above suit in O.S.No.305/2005 is filed by the plaintiff against the defendants for declaration that she is the absolute owner of the suit schedule property measuring 1 acre out of 2.53 acres forming part of Sy.No.194/2P situated at Bala Village, Mangalore Taluk having acquired the same in terms of a Will and Testament dated 29.01.1980 executed by her father- in-law Raghavendra Rao and for permanent injunction restraining the defendants from dispossessing the plaintiff or taking forcible possession or in any manner interfering with the peaceful possession and enjoyment of the same by the plaintiff.

2.2 It is contended by the plaintiff that her father-in-law Raghavendra Rao during his lifetime had founded and established a school by name Shree Ramachandra Higher Primary School in the year 1950 on the suit schedule property and the said school was registered under provisions of the Karnataka Society Registration Act, 1960. That the said Raghavendra Rao was the president of the said society. That in terms of the Will dated 29.01.1980 he had bequeathed the suit schedule property in favour of the plaintiff. The said Raghavendra Rao had four sons namely K.Bhavani Roa, K.Mohan Rao (defendant No.2), B.Sripathi Rao (deceased) and K.Ramanatha Rao and four daughters namely B.K.Susheela (deceased), K.Gulabi (defendant No.3), K. Sunanda Bai (deceased) and B.K.Janaki (defendant No.10). Defendant No.11 is the wife of aforesaid B.Sripathi Rao and he died issueless. K. Sunanda Bai also died leaving behind her husband defendant No.4 and children defendant Nos.5 to 9.

2.3 It is further contended by plaintiff that she was working as Headmistress in the said school till the year 1994. Raghavendra Rao given up his president ship of the school and thereafter it was taken over by her husband K.Mohan Rao as such the plaintiff and her husband continued to be in possession of the suit schedule property. That upon the demise of said Raghavendra Rao defendants namely K.Ramanatha Rao along with Vijayanand Rao, Hariprasad Rao and Sathyananda Rao attempted to forcibly take possession of the schedule property falsely asserting that the plaintiff has no right in respect of suit schedule property. It is further asserted by them that there is an arbitration award in respect of the suit schedule property passed against the plaintiff. Plaintiff further contended that there was no arbitration award as claimed by the defendants in respect of her right, title and interest over the suit schedule property. The said arbitration award was a created document and same was not binding on the plaintiff, that apart plaintiff is not a party to the said arbitration proceedings and same was a collusive and fraudulent document created by the defendants in connivance with the arbitrators who involved in it.

2.4 It is further contended that on 01.08.2004 the aforesaid four persons forcibly entered into suit schedule property and assaulted her husband and a complaint in this regard was also filed. As such, the plaintiff filed above suit for declaration injunction.

2.5 In response to the summons issued defendant Nos.1, 3, 10 and 12 appeared before the Court. Defendant Nos.1(e) to 1(f) and 12 filed the written statement and defendant Nos.2, 4 to 9 and 11 remained absent and were placed ex-parte. Defendant No.12 in the written statement denied the plaint averments and contended that subsequent to the demise of Raghavendra Rao the disput