JUDGMENT :

A. BADHARUDEEN, J.

1. Plaintiffs in O.S. No. 329/2013 on the files of Additional Sub Court, North Parvur have filed this appeal challenging decree and judgment in the above case dated 29.08.2016 as confirmed by the verdict dated 25.07.2023 in A.S. No. 25/2017 on the files of Additional District Court, North Paravur. Respondents are defendants 1 and 2.

2. Heard the learned counsel for the appellants/plaintiffs on admission. Perused the relevant documents including copy of the Will deed placed by the learned counsel for the appellants.

3. I shall refer the parties in this Second Appeal as to their status before the trial court as ‘plaintiffs’ and ‘defendants’ hereinafter for convenience.

4. Plaintiffs filed the Suit to get partition of the plaint schedule properties A to E, left by Bhargavi Amma, the mother of plaintiffs and defendants on the assertion that Bhargavi Amma died intestate.

5. Defendants 1 and 2 filed written statement and raised contention that no property is available for partition since Bhargavi Amma executed Will deed in their favour on 21.04.1989 and transferred the entire property in favour of the 1st and 2nd defendants.

6. Plaintiff filed replication and dispu