JUDGMENT

Raju, J.-The appellants (defendants) have filed the above appeal against the judgment and decree dated 29.5.1998 of a Division Bench of the Karnataka High Court in R.F.A. No. 14 of 1989 partly allowing their appeal but in other respects affirming the judgment and decree dated 7.10.1988 of the Civil Judge, Madhugiri, in Original Suit No. 83 of 1987, decreeing the suit for partition and separate possession, as prayed for.

2. The case of the respondent-plaintiff is that he has been adopted on 22.6.1970 as per the customs prevalent in the community by Sharadamma, wife of one A.T. Nanjappa Rao, who died in the year 1968 leaving behind him the suit schedule properties and also two widows, Smt. Sharadamma, the first wife, and Smt. Neelamma, the second wife. It was urged for the plaintiff that since late Nanjappa Rao had no issues through his wives, named above, the plaintiff, the son of Nanjappa Rao s elder brother, came to be adopted by both the widows and the factum of adoption was also evidenced by an Adoption Deed written on the same day and, therefore, he became the absolute owner of the suit schedule properties. The adoption so made was claimed to have been acted upon by ente