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2022 Supreme(Ker) 610

M. R. ANITHA
Brinda D/o. Indira – Appellant
Versus
Muktha K. N. , D/o. Late Narayanan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.S.Hariharaputhran, Bhanu Thilak

JUDGMENT :

R.S.A.No.42/2022 has been filed against the judgment and decree in A.S.No.18/2019 on the file of Sub Judge, Karunagappally which arose out of judgment and decree in O.S.No.133/2015 on the file of Munsiff's Court, Karunagappally. R.S.A.No.65/2022 has been filed against the judgment and decree in A.S.No.10/2019 on the file of Sub Judge, Karunagappally which arose out of judgment and decree in O.S.No. 61/2016 on the file of Munsiff's Court, Karunagappally.

2. O.S.No. 133/2015 has been filed for partition of property belonging to late Narayanan. 1st defendant in O.S.No.61/2016 is the 1st plaintiff in O.S.No.133/2015. She claims to be the wife of late Narayanan and plaintiff Nos. 2 to 5 and the defendant are the children of Narayanan and 1st plaintiff. Defendant on other hand contended in written statement that the 1st plaintiff is not legally wedded wife of Narayanan and hence, she is not entitled to get share of property belonging to Narayanan.

3. O.S.No.61/2016 was originally filed for setting aside the will No.3/1986 dated 17.12.1986 executed by late Sri.Narayanan and subsequently amended adding prayer for declaration that the 1st defendant is not the legally wedded wife of

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