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1992 Supreme(AP) 104

D.JAGANNADHA RAJU, V.SIVARAMAN NAIR
Rasala Surya Prakasarao – Appellant
Versus
Rasala Venkateswararao – Respondent


D. J. JAGANNADHA RAJU, J.

( 1 ) THIS second appeal has been referred to a division Bench as per order dated 26-7-1988 passed by our learned brother Justice G. Ramanujulu Naidu. The order of reference reads as follows :"the question raised in the second appeal is whether the illegitimate children of a person can be equated with his natural sons and treated as coparceners for the purpose of claiming a share in their joint family property? In other words the scope of S. 16 (1) of the Hindu Marriage Act as amended in 1976 falls for consideration. The question is one of general importance and in the absence of any decision of this court, an authoritative pronouncement on the question by a Division Bench of this court is desirable. I therefore refer this second appeal for decision by a Division Bench of this court. Place the papers before the Hon ble Chief Justice for appropriate order. "

( 2 ) BEFORE we deal with the legal questions that arise for consideration in the second appeal, it would be just and proper to set out, in brief, the facts leading to the present second appeal.

( 3 ) THE plaintiffs, the appellants in the second appeal filed a suit O. S. No. 105 of 1981 on the file of th


































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