JUDGMENT :

K.M. JOSEPH, J.

1. This appeal by special leave is directed against the order of the High Court in Regular First appeal No.717 of 1998. By the impugned judgment, the High Court has taken the view that the appeal filed by the appellant does not survive for consideration. This is on the following reasoning:

The appeal was filed by the appellant and his late brother against the judgment by the trial court dismissing the suit filed by them. The relief in the suit was to declare that defendant No.1 was not the adopted son and he has no title or interest over the suit property and for prohibitory injunction against the defendant not to disturb the joint possession of the suit agricultural land of the plaintiff and defendant No.2.

2. It was the appellants case that one Govindareddi, the propositus died in 1946. He left behind him two sons and a daughter. The plaintiffs were the children of one of the sons. The second defendant was the wife of the other son Basavareddi. The suit properties were the properties of the joint family of Govindareddi and his sons it was claimed. The plaintiffs have filed another suit as O.S. No.66 of 1990 against the second defendant for declaration that