J U D G M E N T

RFA No.665/2009 arises from OS 775/2000 which is a suit for partition. RFA 666/2009 arises from OS 923/2000. It is a suit for injunction against trespass. CRP 864/2005 is filed against OP 10/2001 which was filed for discharge of the charge over the property which is the subject matter in the suits above, in terms of Section 100 of the Transfer of Property Act .

2. The property in dispute in the suits belonged to late Anto. The suit for partition is filed by his parents against his wife. For the sake of convenience, they are hereinafter referred to as, “the parents” and “the wife”. The suit for prohibitory injunction and the OP for discharge of charge over the property were filed by the wife against parents. The trial court dismissed the suit for partition and decreed the suit and counter claim. The original petition was also ordered in favour of the wife.

3. Anto died on 15.09.1998. He was suffering from cancer. The claim for partition by the parents were denied by the wife relying on Ext.B1 Will dated 16.04.1998 executed by Anto. In terms of Ext.B1 Will, the property and the Bank deposits were bequeathed in favour of the wife-Seema. Certain amounts were reserved to