BRINDA Vs. MUKTHA K.N.

JUDGEMENT

(1.) R.S.A.No.42/2022 has been filed against the judgment and decree in A.S.No.18/2019 on the file of Sub Judge, Karunagappally which arose out of judgment and decree in O.S.No.133/2015 on the file of Munsiff's Court, Karunagappally. R.S.A.No.65/2022 has been filed against the judgment and decree in A.S.No.10/2019 on the file of Sub Judge, Karunagappally which arose out of judgment and decree in O.S.No. 61/2016 on the file of Munsiff's Court, Karunagappally.

(2.) O.S.No. 133/2015 has been filed for partition of property belonging to late Narayanan. 1st defendant in O.S.No.61/2016 is the 1 st plaintiff in O.S.No.133/2015. She claims to be the wife of late Narayanan and plaintiff Nos. 2 to 5 and the defendant are the children of Narayanan and 1st plaintiff. Defendant on other hand contended in written statement that the 1st plaintiff is not legally wedded wife of Narayanan and hence, she is not entitled to get share of property belonging to Narayanan.

(3.) O.S.No.61/2016 was originally filed for setting aside the will No.3/1986 dtd. 17/12/1986 executed by late Sri.Narayanan and subsequently amended adding prayer for declaration that the 1st defendant is not the legally wedded wife of Sri. Narayanan and further for declaring adverse possession of the plaintiff over plaint A, B and C schedule properties and also for setting aside sale deed Nos. 6579/1960 and 1232/1972 executed in favour of 1st defendant. (Parties would hereinafter be referred as per their status in O.S.No.133/2015).