Judgment - Bavdekar, J.

1. This is a second appeal arising from a suit filed by one Rangappa, who claims to be the adopted son of one Kelvadeppa. It appears that this Kelvadeppa had obtained a decree against Venkappa, the father of the plaintiff Rangappa, Rangappa himself and three other sons of Venkappa. The decree was for partition and separate possession of two properties situated in the Badami taluka of the Bijapur District. Kelvadeppa died after filing an application for execution of the decree, and a question arose as to whether his sister, the defendant Rindawa, was entitled to be brought on the record as his legal representative for the purpose of carrying on execution. Rindawa claimed under a will left by her brother; but the genuineness of this will was denied by all the four defendants-judgment-debtors. The question was then tried, and it was held by the executing Court that the will was a genuine one. It appears that the execution proceedings were then carried on by Rindawa.

2. Subsequently the plaintiff filed the suit, from which the present second appeal arises, for recovery of possession of all the properties left by Kelvadeppa, upon the footing that he was the adopted

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