JUDGMENT

Challenge in this appeal is to the judgment and decree dated 13.08.2008 in A.S.No.123 of 2004 passed by the District Court, Alappuzha. AS No.123 of 2004, arose from the judgment and decree dated 15.06.2004 in O.S.No.154/1997 passed by the Additional Subordinate Judge’s Court Alappuzha.

2. The plaintiff and Defendant No.4 are the appellants. Appellant No.2 died during the course of proceedings and his legal representatives were impleaded as additional appellants 3, 4 and 5. Defendants 1, 2 and additional defendants 5 to 7 are the respondents.

3. The plaint schedule property originally belonged to one Shri. Cheriyan. On 02.12.1983, Shri. Cheriyan executed a Will in respect of the plaint schedule property. On 10.12.1993, Shri. Cheriyan cancelled the Will No.39 dated 02.12.1983 and executed another Will in respect of the plaint schedule property bequeathing the properties to the plaintiff and defendants 1, 3 and 4. The genuineness of Ext.A3 Will is under challenge in this appeal.

4. Shri. Cheriyan married one Smt. Achamma in the year 1960. They had no issues. Smt.Achamma died in the year 1980. Thereafter, Shri. Cheriyan married Smt. Saramma Cheriyan, defendant No.1. Saramma Cheri