JUDGMENT

It is yet another instance in which the jurisdiction of the trial court was misused so as to adjudicate the question of further entitlement by way of succession on the death of a party to the preliminary decree for partition at the final decree proceeding. It is based on an alleged Will left out by one of the sharer, who passed away after the passing of preliminary decree. An application in I.A.No.512/2017 was submitted for impleading the legal heir of deceased sharer based on the alleged Will. It was allowed after conducting an enquiry. Later on, I.A.No.2/2021 was filed to accept the evidence tendered in

I.A.No.512/2017 as evidence in proof of due execution and genuineness of the Will and it was allowed by the trial court overlooking the fact that such an enquiry was conducted during the final decree stage and an adjudication was rendered with respect to devolution of right regarding a sharer who passed away during its pendency, against which the defendants 1, 3 to 5 came up in appeal.

2. The jurisdiction vested with the court at the final decree stage is to implement the preliminary