* THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO % 13—06—2025 # Ramoju Vimala Devi and Other … Appellants vs.

$ Katnapalli Vijayalaxmi and Others … Respondents !Counsel for the Appellant: Sri N.Ashok Kumar ^ Counsel for Respondent Nos.2 to 6: Sri Vedula Srinivas

>Head Note :

? Cases referred:

AIR 1973 Andhra Pradesh 149 AIR 1994 Himachal Pradesh 144 : 1994(1) RRR 294 (2015) 4 SCC 601

1982 LAW SUIT (KAR) 271 (2020) 5 SCC 307 AIR 2005 SC 4362 AIR 2001 SC 2725 AIR 1987 SC 962 AIR 1983 SC 114 AIR 1970 SC 1286 AIR 1964 SC 136 AIR 1961 SC 1378 AIR 1959 SC 504

1951 SCC 1050 AIR 1969 SC 1359

1970(1) SCC 677 IN THE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD * * * *

A.S.No.202 OF 2020 Between:

Ramoju Vimala Devi and Other … Appellants And Katnapalli Vijayalaxmi and Others … Respondents JUDGMENT PRONOUNCED ON: 13.06.2025 THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? : No

2. Whether the copies of judgment may be Marked to Law Reporters/Journals? : Yes

3. Whether His Lordship wishes to see the fair copy of the Judgment? : Yes _____________________ B.R.MADHUSUDHAN RAO,J THE HON’BLE JUSTI CE B.R.MADHUSUDHAN RAO

JUDGMENT

:

1. This appeal is filed by the appellants/defendants aggrieved by the judgment and decree passed in O.S.No.225 of 2014, dated

31.10.2019 by the III Additional District Judge, Karimnagar.

2. The appellants are defendant Nos.1 and 2 and the respondents are plaintiff Nos.1 to 5. For the sake of convenience, the parties will be hereinafter referred to as plaintiffs and defendants.

3. Originally plaintiff No.1 has filed suit for partition declaring that the original plaintiff is entitled to half share in the suit house with separate possession as determined by preliminary decree and to pass final decree and put the plaintiff in possession. The schedule property is house bearing municipal door No.3-7-523 (old No.3-7-364) in an extent of 693.33 Square yards situated at Vavillapally locality of Karimnagar Town with boundaries. It is the case of the original plaintiff that he was adopted by Katnapally Padmaiah son of Neelakantam when the original plaintiff was 4 years old. K.Padmaiah died on 12.03.1991. The natural father of the original plaintiff is Sudarshanam, who is the elder brother of K.Padmaiah. Padmaiah and his wife Kanakamma took the original plaintiff in adoption in the presence of near relatives, which took place about 68 years back and the adoption ceremony took place in the old house of the father of K.Padmaiah situated at Boiwada, Karimnagar. In the adoption ceremony the natural parents of the original plaintiff K.Sudarshanam put the original plaintiff in the hands of K.Padmaiah and his wife K.Kanakamma. No adoption deed was executed at that time. K.Padmaiah has admitted the original plaintiff in Government Primary School at Gunj, Karimnagar when he was aged about five years, after completion of Primary Education, he was admitted in Government Middle School, Karimnagar and thereafter in Government Multi- Purpose High School, Karimnagar, where he passed his Higher Secondary Education in the year 1962. K.Padmaiah and K.Kanakamma adopted defendant No.1 as their daughter when she was 5 years old. Kanakamma died in the year 2010 and the schedule property is a joint family property, prayed for partition.

4. Defendant No.2 who is the son of defendant No.1 has filed his written statement that K.Padmaiah was the absolute owner of the suit house till his death i.e., 18.03.1991 and he worked as a Government Teacher, later became Head Master and retired on attaining the age of Superannuation. Original plaintiff is the younger son of late K.Sudarshanam, who was the elder brother of K.Padmaiah. Original plaintiff was not adopted by K.Padmaiah and K.Kanakamma at any point of time and no documents are filed to substantiate the valid adoption. K.Padmaiah’s name was unfortunately entered in the school records of the original plaintiff, later on after coming to know about the same, K.