S.T. KRISHNAPPA versus SHIVAKUMAR AND ORS.

S.T. KRISHNAPPA versus SHIVAKUMAR AND ORS.

No presumption of dvyamushyayana form could be drawn as there was no stipulation or custom proved, nor did the adoption deed or evidence support it; appellant did not remain a coparcener in his natural father's family.

Parties
Appellant: S.T. Krishnappa; Respondents: Shivakumar and Others
Jurisdiction
India
Judgment Date
27 April 2007
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
Appeal dismissed with costs.
Legal Topics
Adoption, Coparcenary, Customary Law
Family Law Adoption Coparcenary Customary Law

Case Brief

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Parties

S.T. Krishnappa

Appellant

Shivakumar and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether appellant remained a coparcener after adoption
  2. 2 Whether adoption was in Dvyamushyayana form

Ratio Decidendi

No presumption of dvyamushyayana form could be drawn as there was no stipulation or custom proved, nor did the adoption deed or evidence support it; appellant did not remain a coparcener in his natural father's family.

Court Disposition

Appeal dismissed with costs.

Orders

  • Counsel's fee assessed at Rs. 10,000/-