JUDGMENT

The petitioner is the 5th defendant in O.S.No.724 of 2015 pending on the files of the First Additional Munsiff’s Court, Ernakulam. The facts leading up to the filing of the suit are as follows;

The 1st plaintiff is the wife and plaintiffs 2 to 4 are the children of deceased John Paul. The plaintiffs were residing along with John Paul in the USA. While so, in the year 2003, John Paul returned to India and started residing at his native place. The plaintiffs continued to live in America and visited John Paul occasionally. John Paul, who was suffering from various ailments, succumbed to his illness on 4.8.2009. Little while later, defendants 1 to 3, who are his sisters, handed over a copy of the Will allegedly executed by deceased John Paul. As per the recitals in the Will, the deceased had bequeathed his immovable properties, including the property in Block 19, Re-survey 179/18 in Manakkunnam Village in Kanayannur Taluk, Ernakulam District, to defendants 1 to 3. John Paul would never execute such a document under his free and volition. From 2004 onwards, John Paul was under continuous treatment at the Ernakulam Medical Centre was rendered completely bedridden, over a period of