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A. BADHARUDEEN
K. S. Dinachandran, S/O. Late N. S. Sreedharan – Appellant
Versus
Shyla Joseph, W/O. Joseph – Respondent
JUDGMENT :
A. Badharudeen, J.
R.S.A. No.915 of 2012 has been filed by the 1st defendant in O.S. No.633/2011 on the files of the II Additional Sub Court, Ernakulam under Section 96 read with Order XLI Rule 1 and 2 of the Code of Civil Procedure, 1908, challenging the preliminary decree of partition passed in the above case dated 14.06.2012. The respondents herein are the plaintiff and other defendants.
2. R.F.A. No.82 of 2013 is also filed challenging the preliminary decree of partition in O.S. No.633/2011, at the instance of defendants 2, 3 and 5 to 8, arraying the plaintiff and other defendants as the respondents.
3. Heard the learned counsel for the appellants and the learned counsel appearing for the respondents, in detail. Perused the verdict under challenge and the records of the trial court.
4. Parties in these appeals shall be referred as “plaintiff” and “defendants” with reference to their status before the trial court.
5. Short facts: - The plaintiff instituted a suit seeking partition of the plaint schedule properties and to allot 1/9 share to her, contending that the plaint schedule properties were originally owned by one Sreedharan, who is the father of the plaintiff and defe
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The main legal point established in the judgment is that the proof of execution of a registered Will requires the examination of attesting witnesses in court or their summoning under Order 16 Rule 10....
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