Judgment

SARKAR J. : The relationship of the parties will appear from the following genealogical table.

2. The branches of Girimallappa and Mirijappa were separate at all times material to this litigation.

3. Sometime in 1943, Ramangouda claiming to have been adopted on 11-101942 as a son to Marigoolappa by his widow Basalingawa, filed the suit out of which the present appeal arises against the members of the branch of Girimallappa and also Gangawa (Def. No. 8), widow of Karabasappa for partition of the properties belonging to the branch of Girimallappa as a joint family and other reliefs.

4. The suit was contested by the defendants Nos. 1, 2, 3 and 5. In the first place, they challenged the adoption of the plaintiff. Secondly, they denied that all the properties in which Ramangouda claimed a share were joint family properties. The defendant No. 8 Gangawa, was not really interested in the disputes involved in the suit and does not appear to have taken any part in it. Basalingawa, the adoptive mother of Ramangouda, who was defendant No. 7 in the suit, supported his claim.

5. The suit was heard by the Civil Judge at Dharwar in Bombay who held that Ramangouda had been duly adopted as a son