( 1 ) THIS revision petition under S. I 15 CPC, raises the question that, when an appeal is dismissed as withdrawn by the Appellate Court on a motion made by the party concerned under Or. 23, Rule 1 CPC, can the decree of of the trial Court be said to have merged with the decree of the appellate court, and if so, should an application for amendment of the judgment and decree passed by the trial Court be made only to the appellate Court? the decision of this revision petition depends upon the answer to the said question, and it arises in the following circumstances:

( 2 ) THE petitioner filed O. S. No. 25 of 1964 on the file of the Civil judge at Kolar claiming to be the adopted, son of one Chikkasomegowd'a to whom the suit properties belonged. His case was that chikkasomegoweds (his grand-father) "took him in adoption and under a registered will dated 30-10-1948 executed by him bequeahed the suit properties in his favour and named M. Gangappa, the first defendant in the suit as Executor of the Will to manage the, suit properties during his (petitioner's) minority. It appears the said Gangappa came into, possession of the suit properties and mortgaged some of them, in favour of the t

Click Here to Read the rest of this document