JUDGMENT

Instant appeal under Section 100 of the Code of Civil Procedure, 1908 is at the behest of the appellant challenging the impugned judgment and decree dated 27th August, 2002 promulgated in Title Appeal No. 8 of 1999, whereby, the suit corresponding to T.S. No. No. 30 of 1998 was dismissed in whole on the grounds inter alia that the same is contrary to weight of evidence and hence, liable to be set aside with a direction to partition the suit schedule properties between her and respondent No.2.

2. The appellant instituted the suit in T.S. No.30 of 1998 seeking relief of declaration to the effect that respondent No.2 (defendant No.2) is not the adopted son of her mother, namely, K.Appamma and for partition of the schedule properties. It was pleaded by the appellant that defendant No. 2 was not the adopted son of late K.Appamma and in so far as the Will executed in favour of the former is concerned, the same is null and void. The said claim of the appellant was challenged by respondent No.2 with the pleading that he was adopted into the family and the Will was executed by late K.Appamma. Considering the pleadings of the parties, the learned Trial Court framed as many as nine i