The unsuccessful plaintiffs in O.S.No.14/1996 on the file

of the Civil Judge (Sr.Dn.), Sirsi have filed this Regular First

Appeal challenging the judgment and decree dated 02.12.2006

passed therein.

The plaintiffs filed the suit for declaration that the

sale deeds dated 26.09.1989 and 31.12.1992 executed by the

2^nd defendant were illegal and does not affect their rights under

the partition of the year 1966 and to restrain defendants No.1

and 2 from alienating the suit properties. Plaintiff No.2 is the

son of plaintiff No.1. The plaintiff No.1 contended that

defendant No.2 was his brother’s wife, while defendant No.3

was his brother. The plaintiffs claimed that in the year 1966,

the parties had partitioned the properties of the family and had

agreed not to sell their portions to third parties without first

offering to either of them. The plaintiffs claimed that the

husband of defendant No.2 died somewhere in the year

1984-1985 and she succeeded to his estate. The plaintiffs

claimed that the 2^nd defendant created a collusive and make

believe sale deed dated 31.12.1992 and 26.09.1989 in favour

of Shri Mahabalanand Swamiji which came to the knowledge of

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plaintiffs

on

14.07.1995.