JUDGMENT :

This R.S.A. is directed against the judgment and decree in A.S.No.03/2019 dated 9.2.2021 on the file of the Additional District Court-I, Kalpetta, Wayanad (hereinafter referred to as 'the first appellate court') pursuant to the order dated 23.1.2019 in O.S.No.25/2016 on the file of the Sub Court, Sulthanbathery (hereinafter referred to as 'the trial court').

2. The appellants are supplemental defendants 8 and 9 in a suit for partition of 5 items of properties on the basis that they belonged to one Kunhan and was inherited by his children, the plaintiffs and defendants respectively. The plaintiffs, the defendants 1 to 4 and deceased Sukumaran are the children of late Kunhan born in his wedlock with Kalyani. The defendants 6 and 7 are the children born to late Sukumaran and defendant No.5 is the widow of late Sukumaran. The defendants 1 and 5 to 7 contended that Kunhan had another wife, namely, Gouri and had two children. Without admitting the relationship, by way of abundant caution, the plaintiff impleaded supplemental defendant Nos.8 and 9 to resolve the dispute finally. Upon impleadment, the defendants 8 and 9 contended that Kunhan had executed a Will No.56/1994 of the S