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2006 Supreme(AP) 1134

C.Y.SOMAYAJULU
Nambi Narayan Rao (died) by L. R. – Appellant
Versus
Nambi Rajeshwar Rao – Respondent


Advocates:
Mr. H.Venugopal & N.V.Suryanarayana Murthy - Counsel for Appellants:
C.Ramesh Sagar and Fazal Yousufuddin - Counsel for Respondent:

JUDGMENT :- Defendants in a suit for partition are the appellants. For the sake of convenience the parties to this appeal would hereinafter be referred to as they are arrayed in the trial Court.

2. Minor plaintiff, represented by his mother as guardian, filed the suit for partition of the properties specified in the plaint A to D schedules (the suit properties) into two equal shares, and for allotment of one such share to him inter alia contending that his father Narsing Rao (the deceased), the son of the defendants 1 and 2, died on 12.12.1954 leaving behind his wife Sushila Bai, who took him in adoption as per sastric rites on 02-03-1975 in the presence of the villagers. A deed of adoption evidencing his adoption was also executed by her on 13-02-1980. As the coparcenary of the deceased and first defendant, of which the first defendant was the karta, was possessing the suit properties, the deceased was having half share therein. After the death of the deceased he became entitled to that share of the deceased as the adopted son of the deceased. first defendant, who was affectionate towards him and who had executed a registered Will bequeathing all his properties



































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