JUDGMENT :

This appeal is directed against the judgment in OS No.51/2005 by learned Additional Civil Judge (Sr.Dn) Raichur, on 10-12-2007 which came to be confirmed in RA No.3/2008 by the learned Principal District Judge, Raichur, on 22-01-2010, whereby the suit for partition by the appellant came to be dismissed.

2. The facts that are necessary for the purpose of this second appeal are as below:

The undisputed facts are that the plaintiff, defendant Nos.5,6 and 7 and another Ashokraj are the genitive children born to defendant No.1 from the propositus Kamvar Elluru Pandurangappa. The defendant Nos. 2 to 4 are wife and children of deceased Ashokraj, who was the first son of defendant No.1 and Kamvar Elluru Pandurangappa. It is also an admitted fact that the father of the plaintiff, Elluru Pandurangappa died intestate on 27-12-2004. He left behind him the suit schedule A to D properties. It is also an admitted fact that Elluru Pandurangappa and his wife, the defendant No. 1, had executed an Adoption Deed in favour of P. Vishnu and P. Shantabai on 22-12-1974. But the plaintiff contends that the adoption is bad in law.

3. The plaintiff who is before this Court in second appeal contended t