J U D G M E N T

A.S.No.230/1995 is preferred against the judgment and decree of the Subordinate Judge's Court, Kozhikode in O.S.No.88/1990. A.S.No.248/1998 is preferred against the judgment and decree of the Subordinate Judge's Court, Kozhikode in O.S.No.755/1992. A.S.No.249/1998 is preferred against the judgment and decree in O.S.No.756/1992 of the same court. O.S.No.88/1990 is a suit for partition filed by the plaintiff contending that the property belonged to one Janaki and by virtue of a Will executed by her on 23.9.1989, plaint A schedule property had been bequeathed in favour of the plaintiff and the defendants and therefore, the plaintiff is entitled to one out of three shares in the property. On the other hand, the defendants would contend that Janaki has not executed any Will on 23.9.1989 and there was a prior Will executed by her which is a document A.S.NO.249 OF 1998 dated 7.9.1989 and by virtue of the said Will, the plaintiff would not get any right over the property and therefore, the suit is liable to be dismissed. O.S.No.755/1992 is a suit filed by the plaintiff in O.S.No.88/1990 for an injunction to restrain the defendants. The other suit O.S.No.756/1992 is filed by