Ravikumar, J.

These appeals are directed against the common judgment and decree in A.S. Nos.317 of 1990, 133 of 1990 and 316 of 1990 filed against the common judgment and decree dated 10.1983 in O.S. Nos. 263 of 1979, 326 of 1982 and 16 of 1981, on the file of the First Additional Sub Court, Ernakulam.

2. Before going into the factual details of these appeals, it is relevant to look into the background of the case. The lis in these cases centered around two ladies involved in the life of one Mathai Markose, viz, one Smt. Sara and one Smt. Elykutty. The former is the estranged wife of the said Mathai Markose and she got five children in the said wedlock. He had an equal number of children through the latter with whom he lived the rest of his life after the former started separate residence. Mathai Markose died intestate on 30.9.1978 and naturally the dispute for his estate began thenceforth. Initially, the parties attempted to give a quietus to the dispute by making a private reference to certain Arbitrators who are the brothers and some close relatives of the deceased Mathai Markose, for effecting partition of the properties left behind by him. For that purpose, the parti