(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

The present appeal is filed by defendant Nos.1 and 2 calling in question the judgment and decree dated 05.04.2022 passed in OS No.184/2012 by the Principal Senior Civil Judge, Chikodi, [For short, ‘the Trial Court’], whereunder, the suit for declaration and injunction filed by the respondent No.1/plaintiff has been decreed by the Trial Court.

2. The relevant facts are that the defendant No.1 is the brother of the plaintiff; the defendant No.2 is the wife of defendant No.1 and defendant Nos.3 to 6 are the children of the plaintiff.

3. It is the case of the plaintiff that the suit properties were allotted to the share of her husband in the partition amongst the members of her husband's family and her husband's name was entered into the revenue records. Thereafter, since the plaintiff was in judicial custody in a criminal case, taking advantage of the situation the defendant Nos.1 and 2 fraudulently, mis-utilising certain papers wherein, the signatures of the plaintiff