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1983 Supreme(SC) 132

D.A.DESAI, O.CHHINNAPPA REDDY
Doddi Atchayyamma – Appellant
Versus
Doddi Venkata Ramanna – Respondent


Advocates:
J.RAMAMURTHY, M.K.RAMAMURTHY, NARESH KUMAR, R.VAIGAI, VINIT KUMAR

Judgment

CHINNAPPA REDDY, J.:- Kanakayya, Appanna (Sr.), Jogulu, Ramulu and, Venkataswamy were five brothers. Appanna (Sr.) died in 1916, leaving behind him an adopted son Appanna (Jr.) Appanna (Jr), we may mention, was the natural son of Jogulu, one of the five brothers. Kanakayya died in 1917 leaving a son, Parupilli, Ramulu and Venkataswamy died in 1918 leaving no issues. Jogulu died in 1951 leaving behind him his widow Seethayamma (2nd Defendant) and a son Venkata Ramanna (1st Defendant). Jogulus other natural son Appanna (Jr), who was given in adoption to Appanna (Sr), died in 1949 leaving behind him his widow, Atchayyamma (Plaintiff). Atchayyamma filed a suit out of which the present appeal arises, for partition of the plaint A and B Schedule properties and for separate possession of a half share of the properties, alleging that her husband, Appanna (Jr) and Jogulu were members of a joint family. The defendants denied the adoption of Appanna (Jr) by Appanna (Sr) and further alleged that the suit for partition was not maintainable as there was a family settlement of disputed claims between the parties about twelve years ago under which the plaintiff had received cash and, gold



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