J U D G M E N T

This appeal is brought from the judgment dated 14.02.2011 in A.S.No.62 of 2008 of the Additional District Court, Thiruvananthapuram confirming the finding entered by the learned first Additional Sub Judge, Thiruvananthapuram in O.S.No.233 of 1995 as to the genuineness of Ext.B2, registered Will dated 16.07.1994 but, setting aside the finding regarding due execution and attestation of Ext.B1, settlement deed dated 20.02.1995 and remitting the suit to the trial court for fresh decision after recording appropriate evidence regarding due execution and attestation of Ext.B1.

2. The following substantial questions of law are framed for a decision:

(i) Have not the propounders of the Will established execution and registration of the Will as mandated by law?

(ii) Is the lower appellate court correct in law in brushing aside the evidence of the attesting witness, the Sub Registrar and the scribe who deposed to the execution of the Will and sound disposing state of mind of the testatrix?

(iii) Is the finding of the lower appellate court that the propounders of the Will have failed to dispel suspicious circumstances regarding the Will sustainable in law?

(iv) Is not the settlement