( 1 ) THIS Civil Miscellaneous Appeal No. 1645 of 1997 was filed under S. 384 of Indian Succession Act, 1925 read with Order 41 Rule 1 of the Code of Civil Procedure against the judgment and decree in AS No. 29 of 1992 dated 2 6/02/1997 on the file of the II Addl. Dist. Judge, Cuddapah, aggrieved by the finding that the first appellant is the wife of late Subba Rachaiah, and the appellants 2 to 4, children born to them are illegitimate children, are not entitled to succeed to the interstate properties of Subba Rachaiah inasmuch as the appellants 2 to 4 are the illegitimate children of late Subba Rachaiah and the second respondent therein is the wife of late Subba Rachaiah and the respondents 1, 3 and 4 are the legitimate children of late Subba Rachaiah and they are entitled to issue succession certificate to succeed to the petition schedule securities and accordingly dismissed the appeal confirming the order and decree dated 13-4-1992 in O. P. No. 16 of 1991passed by the learned Subordinate Judge, Rayachoty.

( 2 ) THE appellants have assailed the correctness and legality of the findings of the courts below on the ground that having held that the first appellant is