Sunil Thomas, J.

The plaintiffs in O.S.No.17/2010 of the Sub Court, Ernakulam, aggrieved by the dismissal of the suit for partition, has preferred this appeal.

2. The plaintiffs and defendants are the children of late Govindan and Bhanumathi. Govindan died on 28/8/1994 and Bhanumathi on 18/5/2004. The plaint schedule properties belonged to Govindan. He had constructed a building therein and was residing there with his family till his death. The plaintiffs got married to persons of their choice and hence, they have been keeping away from the company of the remaining family members. The first defendant is a married person with a child and second defendant is a divorcee and third one a spinster. They are residing in the plaint schedule property. According to plaintiffs, after the death of Govindan, the right on the properties have devolved on the plaintiffs and the defendants equally and they are entitled to inherit. However, the plaintiffs came to know about a registered Will bearing No.15/85 of SRO, Tripunithura, allegedly executed by Govindan, on receipt of a copy of petition in O.P.No.4/2009 of the Principal Munsiff Court, Ernakulam. The plaintiffs are not aware of any suc