S T KRISHNAPPA Vs. SHIVAKUMAR

JUDGEMENT

(1.) Leave granted.

(2.) Application of the "Dvyamushyayana" form of adoption is in question in this appeal which arises out of a judgment and order dated 29.6.2006 passed by the High Court of Karnataka at Bangalore in Regular First Appeal No. 1187 of 2003 affirming a judgment and decree dated 26.7.2003 passed by the Learned XXII City Civil Judge, Bangalore in O.S. No. 4472 of 1991 dismissing the suit for declaration and partition as also separate possession filed by the appellant herein.

(3.) One S.M. Thimadasappa was the owner of the properties. He and his wife Smt. Puttamma (original defendant No. 1, since deceased) had a son known as Krishnappa. S.M. Thimadasappa had a brother named Sohur Thimmaiah who was issueless. Thimadasappa and his wife gave plaintiff, Krishnappa in adoption to Sohur Thimmaiah in a ceremony held therefore on 14.2.1995. The deed of adoption admittedly did not contain any stipulation that the said adoption was in "Dvyamushyayana" or in other form.