(1.) These two appeals were referred to the Division Bench by reference order dated 15-2-1994.
(2.) A.S.396 of 1985 arises out of the judgment in O.S.554 of 1981 on the file of Sub Court, Trivandrum and A.S.48 of 1985 is against the judgment in O.S. 1/82 in a probate proceeding on the file of District Court, Trivandrum. We shall first deal with the facts involved in A.S.396/85. The suit O.S.No.554/81 was filed by one Lakshmy Gomathy and her two children. There are two sets of defendants. Defendants 1 to 6 are Kunji Sarasamma and her children. Defendants 7 to 10 are one J. Madhavi and her children. In the appeal there is a triangular contest between the first defendant and the 7th defendant as to who is the real wife of one Ramakrishna Panicker, who was a driver in the K.S.R.T.C.
(3.) Plaintiff Lakshmy Gomathy and her children filed the suit alleging that they are the true legal heirs of deceased Ramakrishna Panicker. The main allegations in the plaint were to the following effect. Ramakrishna Panicker married the first plaintiff on 14-4-1126 observing all the Hindu rites prevalent among Hindu Ezhava community and the marriage was registered in the local S.N.D.P. Branch Office at Aralummoodu. Plaintiffs 2 and 3 were born in that wedlock. Ramakrishna Panicker had no other legally wedded wife. While Ramakrishna Panicker was alive defendants 7 to 10 filed M.C. 2/69 against him before the District Magistrate, Trivandrum and obtained an order for maintenance in their favour. In that proceeding, Madhavi the 7th defendant claimed to be the wife of Ramakrishna Panicker. The order passed in that maintenance case is not binding on the plaintiffs. Defendants 7 to 10 filed O.S.656/73 for realisation of arrears of maintenance granted in M.C.2/69. Ramakrishna Panicker filed O.S.891/73 before the Munsiff's Court, Trivandrum against defendants 7 to 9 for setting aside the order passed in M.C.2/69. O.S.653/73 and 891/73 were tried jointly and the suit filed by the defendants 7 to 10 was decreed and suit filed by Ramakrishna Panicker ended in dismissal. Ramakrishna Panicker filed Appeal A.S.65/77 against the decree in O.S.653/73 but no appeal was filed against the decree and judgment in O.S.891/73. During the pendency of A.S.65/77 Ramakrishna Panicker died on 21-7-1978. The plaintiffs herein filed I.A.999/79.to get themselves impleaded in that suit as legal heirs of Ramakrishna Panicker to prosecute the appeal A.S.65/77. The first defendant Kunhi Sarasamma and her children filed similar I.A. for getting themselves impleaded in the appeal as legal representatives of Ramakrishna Panicker. The District Court remitted the matter to the Munsiff's Court for determining as to who were the legal representatives of deceased Ramakrishna Panicker. The plaintiffs herein filed C.R.P.2349/80 before this Court. That C.R.P. was dismissed. The appeal A.S.65/77 was dismissed as there was no appeal against the judgment and decree in O.S.891/73.