THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908, PRAYING TO THE IMPUGNED JUDGMENT AND ORDER OF THE LOWER APPELLATE COURT DELIVERED ON 02.01.2015 AT R.A.NO.135/2012 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, HUBLI BE SET-ASIDE BY RESTORING THE JUDGMENT AND DECREE PASSED IN O.S. NO.365/2008 DATED 31.10.2012 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE, HUBLI BY ALLOWING THIS APPEAL WITH COSTS THROUGHOUT, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 10.04.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, DELIVERED THE FOLLOWING:

CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

1. Plaintiffs-appellants have filed this Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 praying for setting aside the judgment and decree dated 02.01.2015 passed in RA No.135/2012 on the file of III Addl. Senior Civil Judge, Hubli (hereinafter for short ‘First Appellant Court’) and the judgment and decree dated 31.10.2012 passed in OS No.365/2008 on the file of I Addl. Civil Judge, Hubli, (hereinafter for short ‘trial Court’) by allowing the appeal with costs throughout.

2. Parties would be referred with their ranks, as they were before the trial Court, for sake of convenience and clarity.

3. Plaintiffs have filed the suit before trial Court, praying for declaration that sale deed dated 03.10.2007 executed by defendant No.1 in favour of defendant No.2 is illegal, concocted and opposed to law, to set aside the said sale deed and to declare that the said sale deed is not binding on plaintiffs; for the relief of permanent injunction restraining defendants from interfering with the peaceful possession and enjoyment of plaintiffs' over suit schedule property; for Court costs and for such other reliefs.

4. The contention of plaintiffs in nutshell is that suit schedule property is 4 acres 38 guntas situated at block No.730/1, Kusugal village, Hubli Taluk is the ancestral and joint family property of plaintiff Nos.1 to 3 and defendant No.1. Plaintiffs contended that suit schedule property is the joint family and ancestral property of plaintiff Nos.1 to 3 i.e., their grandfather Sri.Shivappa Yallappa Gudaderi. After commencement of Land Reforms Act, 1961, the grandfather of plaintiffs has filed an application to grant suit schedule property and accordingly occupancy rights were given to the predecessors in title of plaintiffs. The grandfather of plaintiffs Sri.Shivappa Yallappa Gudaderi died in the year 1973 and first defendant continued the proceedings before Land Tribunal and finally on 22.09.1976, Land Tribunal declared first defendant as occupant of suit schedule property. Hence, plaintiffs are also having right over the suit schedule property. Even at the time of filing the suit, suit schedule property was in common and joint possession and enjoyment of plaintiff Nos.1 to 3 and defendant No.1. First defendant without any admissible reason is neglecting plaintiffs and addicted to bad vices and to fulfill his bad vices, he got created mortgage on the suit schedule properties and obtained loan and intended to sell the suit schedule property. Hence, plaintiffs have filed suit in OS No.14/2008 on the file of I Addl. Civil Judge, Hubli for partition and separate possession of their share. At that time, temporary injunction was granted not to alienate the suit schedule property. Said suit is still pending for consideration. Then plaintiffs heard some rumors from Kusugal village people and thus defendant No.1 has filed his written statement on 16.04.2008 in that suit and then they tried to get the truth and enquired with the concerned officers and came to know that defendant No.1 has alienated suit schedule property illegally to defendant No.2 and got concocted several documents. Further, defendant No.2 is trying to interfere with peaceful possession and enjoyment of plaintiffs over suit schedule property. Hence, plaintiffs have filed the present suit for appropria