JUDGMENT :

This regular second appeal has been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure (“CPC” hereinafter) challenging the decree and judgment in A.S. No.70 of 2015 dated 14.06.2023 on the files of the Court of the Additional District Judge, Tirur arose from decree and judgment in O.S. No.21 of 2021 dated 30.07.2015 on the files of the Court of the Subordinate Judge, Tirur.

2. The appellant herein is the plaintiff in O.S. No.21 of 2015 and the respondents are the defendants.

3. Heard the learned counsel for the appellant in detail on admission.

4. Parties in this appeal shall be referred as “plaintiff” and “defendants” with reference to their status before the trial court.

5. The sum and substance of the case put up by the plaintiff is that, the plaint schedule properties originally belonged to Beeravunni alias Bappu Haji, the father of the plaintiff and defendants. During the lifetime of Beeravunni alias Bappu Haji, he executed Will deed No. 21/1997 and separated the properties held by him in favour of the plaintiff and defendants (i.e. his heirs). The execution of the will is not disputed by the plaintiff, but the case put up by him before th