CAV JUDGMENT

Heard the learned counsel for the appellant and the learned counsel for respondent Nos.1 and2.

2. This second appeal is filed challenging the judgment and decree dated 06.08.2019 passed in O.S.No.18/2015 decreeing the suit in favour of the plaintiffs that they are the owners in possession of the suit schedule property and granting the relief of permanent injunction and confirmation of the same by the First Appellate Court in R.A.No.17/2019 dated 08.03.2021.

3. The factual matrix of the case of the plaintiffs/respondent Nos.1 and 2 before this Court while seeking the relief of declaration and permanent injunction is that the suit schedule property originally belongs to their mother Smt.Thangavva and the same was purchased in the year 1974 i.e., on 31.10.1974 and the mother of the plaintiffs was in peaceful possession and enjoyment of the same without interference from anyone during her lifetime. The mother of the plaintiffs bequeathed the suit schedule property to the plaintiffs under a registered Will dated 31.10.2012. On 22.01.2015, the defendants along with eight persons forcibly entered into the suit schedule property and tried to encroach the same and the same was res