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3.1 That in OS No.116/2006 it has been declared that the Plaintiffs and Defendants are the legal heirs of the deceased and the said decree has become final and conclusive. The first Plaintiff was receiving the pension Hereinafter referred to as the 'Trial Court' Hereinafter referred to as the 'deceased' NC: 2024:KHC-D:4838 and other benefits of the deceased. That the deceased was the absolute owner of the property measuring 3 acres 24 guntas in RS No.374/6B+7A situated at Karjagi village, Haveri Taluk5 and that after the death of the deceased, the Plaintiffs have been cultivating the suit property and they are in possession of the same. That Defendant Nos.1 to 3 are living in Devihosur village of Haveri Taluk and the suit property is situated at a distance of about 20 kms., from Devihosur village. That Defendant No.4, at the instigation of Defendant Nos.1 to 3 is obstructing the cultivation of the suit property by the Plaintiffs.

Civil Judge, Haveri, is against the material available on records and require interference by this Court?

3. What order?

14. While considering the same, the first appellate Court recorded the following points:

i) In O.S. No.127/2004 at para No.15 of the judgment, it has been noticed that Devendrappa married the present Plaintiff No.1 prior to the marriage of present Defendant No.4 - Nagaratna but in the conclusive portion, it is observed that Plaintiff No.1 has not positively proved
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                                 NC: 2024:KHC-D:4838





                       ORDER


i)     The above appeal is allowed;


ii)    The   judgment    and     decree   dated   5.7.2011
passed in RA No.19/2009 by the Additional Senior Civil Judge, Haveri and the judgment and decree dated 19.1.2009 passed in OS No.164/2008 by the Civil Judge (Jr.Dn.,) & JMFC, Haveri, are set aside;
iii) The suit in OS No.164/2008 filed by the Plaintiffs on the file of the Civil Judge (Jr.Dn.,) & JMFC, Haveri, is decreed as follows: