RAMOJU VIMALA DEVI Vs. KATNAPALLI VIJAYALAXMI

JUDGEMENT

(1.) This appeal is filed by the appellants/defendants aggrieved by the judgment and decree passed in O.S.No.225 of 2014, dtd. 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 12/3/1991. 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 MultiPurpose 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.