LAWS(KER)-2011-8-125

SHAMILA P IQBAL Vs. ANES P IQBAL

Decided On August 18, 2011
SHAMILA P. IQBAL, KOCHI Appellant
V/S
ANES P. IQBAL, KOCHI Respondents

JUDGEMENT

(1.) BOTH appeals are filed by Smt. Shamila P. Iqbal, the 4th defendant in O.S.49/2000 who is the plaintiff in O.S.128/2000. O.S.49/2000 was filed by the first respondent Anas P. Iqbal who is the eldest son of Mohammed Iqbal for a declaration that Ext.B25 Will executed by his father P.A. Mohammed Iqbal is vitiated by fraud, undue influence and coercion and also for partition of the properties left behind of his father who died on 7.9.99. 2nd respondent, Hajira Beevi who is the first defendant in O.S.49/00, is the wife of Mohammed Iqbal. Respondents 3 and 4 (D2 and D3 in O.S.49/00) are the other two sons of late Mohammed Iqbal.

(2.) O.S.49/00 was dismissed by the learned Subordinated Judge holding that Ext.B25 Will is true and genuine and that all the legal heirs have accepted and acted upon that Will. The plea raised by the appellant that she was the naturally born daughter of Mohammed Iqbal and Hajira Beevi was turned down. Based on the judgment in O.S.49/00 the suit O.S.128/?00, subsequently filed by the appellant, was also dismissed.

(3.) THE parties are referred to as they are arrayed in RFA 174/?07. Respondents 5 to 21 are not contesting respondents. Hence, hereinafter, for the sake of convenience, contesting respondents are referred to as ?respondents?.