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2017 Supreme(SC) 1432

ARUN MISHRA, MOHAN M.SHANTANAGOUDAR
Sardar Surjeet Singh – Appellant
Versus
Juguna Bai (Since Dead) – Respondent


Advocates Appeared:
For the Appellants :K. Maruthi Rao, Ms. K. Radha, Ms. Anjani Aiyagari, Advocates.
For the Respondents:Jeetendra Mohan Sharma, Sr. Adv., P. Venkat Reddy, Prashant Tyagi, Anil Kumar Tandale, Advocates.

ORDER :

Heard the learned counsel for the parties.

2. These appeals have been preferred against the judgment and order dated 30.11.2007 passed by the High Court of Andhra Pradesh in Civil Revision Petition Nos.3914 and 3144 of 2007, whereby the High Court allowed the impleadment of respondent No.3 in the final decree proceedings on the basis of deed of settlement dated 30.12.1978.

3. The facts indicate that defendant Nos.2 and 3 are sisters. Late Sardar Santh Singh, with the consent of his wives, adopted the appellant herein-Sardar Surjeet Singh, when he was three years old. After the adoption, Smt. Juguna Bai gave birth to one daughter-Sathnam Kaur, defendant No.3. Later on, one adoption deed was executed on 7.7.1978.

4. A suit for partition was filed in which the Trial Court passed a preliminary decree on 11.10.1990 giving 1/3rd share to the appellant, 1/3rd share to be shared between two wives-Rama Bai and Juguna Bai, with 1/6th share each and remaining 1/3rd to Sathnam Kaur-daughter.

5. The appeal against the final decree was ultimately withdrawn by the plaintiff after the death of Rama Bai, during the pendency of the appeal. Thereafter, an application was filed in the year 1993 for





























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