KURIAKOSE Vs. ANNAKUTTY

JUDGEMENT

(1.) THE 1st defendant in O.S.No.497 of 2002 of the Principal Munsiff's Court, Cherthala is aggrieved by the decree for prohibitory injunction against trespass and commission of waste in the suit property, confirmed by the Sub Court, Cherthala in A.S.No.33 of 2005.

(2.) THE appellant/1st defendant and the 2nd respondent/2nd defendant are the children of the 1st respondent/plaintiff and the late Punnakkal Kuriakose Mathai. The 1st respondent and the late Kuriakose Mathai have other children as well. Demanding partition of the properties left behind by the said Kuriakose Mathai, certain litigations are pending (as submitted by the learned counsel). Claiming that as per Ext.A1, Will No.59 of 1998 executed by the late Kuriakose Mathai, right over the suit property will devolve on the appellant only after the death of the 1st respondent/plaintiff and that she is in possession and enjoyment of the said property, she laid the suit for a decree for prohibitory injunction.

(3.) THE trial court took the view that though Ext.A1, Will is not proved by examining the attestors, there is evidence to show that the 1st respondent is in possession and enjoyment of the suit property and accordingly granted a decree as prayed for.