JUDGMENT :

M.R. SHAH, J.

Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 22.11.2006 passed by the High Court of Karnataka at Bangalore in R.F.A. No. 546/2004 and R.F.A. No. 940/2004, the appellant herein – original defendant no.2 has preferred the present appeals.

2. The facts leading to the present appeals in nutshell are as under:

That one John D. Abraham is the propositus. That original defendant no.1 is the wife of the said John D. Abraham. Original defendant no.2, defendant no.3, one Triza Kalyani John (wife of original plaintiff no.1) and one late Maccabeaus are the children of propositus. That the suit schedule house is the estate of the propositus. That original defendant no.1 – wife of the propositus – John D. Abraham died intestate during the pendency of the suit. That after the demise of the propositus, his daughter Triza Kalyani John married with original plaintiff no.1, who was a Hindu. At the relevant time, Triza Kalyani John – daughter of the propositus got herself converted to Hinduism and changed her name as A.S. Meenakshi. Original plaintiff nos. 2 and 3 are the children born out of the said wedlock. Triza Kalyani John died in the