The concurrent findings of the Courts below has

been challenged by the defendant No.2 while assailing the

judgment and decree dated 10.01.2017 in RA No.12/2011

on the file of Senior Civil Judge & JMFC, Badami, confirming

the judgment and decree dated 09.12.2010 in OS

No.193/1997 on the file of the Civil Judge (Jr.Dn) & JMFC,

Badami.

2.

The parties herein are referred to as per the

ranking before the trial Court.

3.

The suit is filed for declaration to declare that they

are the absolute owners of the suit land bearing Survey

No.197/2 measuring 4 acre 16 guntas situated at Yandigiri

village and for cancellation of the mutation entries standing

in the name of defendant No.2 and in the alternative sought

for recovery of possession.

5

4.

The

plaintiffs

contended

that

one

Kallappa

Ishwarappa Badiger who is the father-in-law of plaintiff

No.3 and grand father of plaintiff No.1 and 2 was the

original owner of the suit land survey No.197 to an extent

of 12 acres 10 guntas, Ramavva is the wife of Kallappa S/o

Ishwarappa Badiger. On the death of the said Kallappa

Ishwarappa Badiger, one Rachappa Basappa Badiger taking

advantage of the illiteracy of Ramavva got entered his

name in the suit s