JUDGMENT :

P.G.M. Patil, J.

Defendant Nos.1 and 2 being aggrieved by judgment and decree dated 27/10/2018 passed in RA No.80/2018 on the file of the Itinerating Senior Civil Judge at Huvinagadagi, setting aside the judgment and decree dated 6/9/2014 passed in O.S.No.67/2011 on the file of the Civil Judge and JMFC, Hadagali, have filed this regular second appeal.

2. The status of the parties is referred to as per their ranking before the trial Court.

3. The original plaintiff filed the suit bearing O.S.No.67/2011 seeking relief of declaration and injunction in respect of the suit property. It is the case of the plaintiff that she is an agriculturist and permanent resident of Varakanahali village of Huvinahadagali Taluk. First defendant is the mother of the second defendant and they are also permanent residents of the same village. One late Kalasammanavara Chinmayappa and late Kalasammanavara Mallappa were brothers. During their life time, they owned the suit property. Though both the brothers were joint owners of the suit land, they were standing in the name of Kalasammanavara Chinmayappa. The said Kalasammanavara Chinmayappa and his wife Dodda Mallamma died long ago leaving behind thei