CHEROTE KARTHIAYANI Vs. CHEROTE BHARATHY

JUDGEMENT

(1.) THIS appeal arises from the judgment and decree dated 04.10.2005 in O.S. No. 3 of 1986 of the IInd Additional Sub -Court, Kozhikode. Parties are referred as plaintiff and defendants for convenience.

(2.) THE following point arises for a decision: - -

(3.) THE trial court originally granted a decree in the suit without framing an issue regarding the due execution and attestation of the Will. Both sides were aggrieved by that decree and preferred A.S Nos. 645 and 740 of 1992. The appeals were disposed of as per a common judgment dated 30.03.1992. The suit was remitted to the trial court for fresh decision on the due execution and registration of the Will. After remand an additional issue regarding the due execution and attestation of the will was framed. Further evidence was also adduced by the parties. The original of the disputed Will was marked as Ext. B33 (as against Ext. A1 marked before remand which is a registration copy of the will marked through Pw.1, the plaintiff. The trial court found in favour of due execution and attestation of the Will and passed a preliminary decree as prayed for by the plaintiff and supported by the defendants 1 and 2. That judgment and decree are under challenge in this appeal at the instance of the 5th defendant.