THE HONOURABLE SMT. JUSTICE K. SUJANA APPEAL SUIT NOs.2618 OF 2001 AND 113 OF 2005

COMMON JUDGMENT:

A.S.No.2618 of 2001 and A.S.No.113 of 2005 are filed against the judgment and decree in O.S.No.112 of 1990 on the file of Senior Civil Judge at Karimnagar. O.S.No.112 of 1990 was filed by the plaintiff against defendant Nos.1 to 10 for partition and separate possession of 2/3^rd share of plaint schedule properties. For the sake of convenience the parties hereinafter referred to as arrayed in O.S.No.112 of 1990.

2. The facts of the case are that plaintiff is the adopted son of late Polasa Shankaraiah. He was duly adopted by late Shankaraiah and his wife who is the 2^nd defendant in the suit on 27.02.1978 by performing necessary ceremonies in their house. The 1^st defendant is mother and 2^nd defendant is widow of late Shankaraiah. Therefore, the plaintiff and defendants 1 and 2 are his legal heirs under Hindu Succession Act and they have succeeded to his properties. Further the properties described in the plaint are allotted to the exclusive share of late Shankaraiah in a partition which are his ancestral joint family properties between himself, his four brothers and the mother i.e, 1^st de