SYAMALA Vs. BABU

JUDGEMENT

(1.) THE plaintiffs in O.S No. 348 of 2007 of the Munsiff's Court, Ernakulam are aggrieved by the dismissal of that suit as confirmed by the District Court, Ernakulam in A.S. No. 142 of 2009.

(2.) THE appellants/plaintiffs sued for partition of the suit property. Themselves and the first respondent are children of the late Madhavi. She had another son by name Venu whose legal representatives are the respondents 2 and 3. The plaint A schedule item Nos. 1 and 2 belonged to the late Madhavi. She died on 30.01.2003. Claiming that she died intestate, the appellants sought partition and separate possession of their share.

(3.) THE first appellant when examined as PW.1 stated that she is not aware of Ext.B2, Will. First respondent gave evidence as DW.1. He examined Dws 3 and 4 who are the attesters and DW.2, the scribe of the Will.