K.C. BINDU, D/O. CHOYIKUTTY, "SREETHILAKAM", 3/753, THIKKODI AMSOM, PALOOR DESOM, KOYILANDY TALUK Vs. LEELA KOLLANDI (DIED), W/O. VANNANKANDY RAGHAVAN VYDIAR, DUTH COMPOUND, 1ST FLOOR, MANKAVU, VALAYANAD AMSOM AND DESOM, KOZHIKODE TALUK

JUDGEMENT

(1.) (1) Can the execution of a Will and its attestation be on a date subsequent to the date shown in it as the date of its execution ?

(2.) Challenging the concurrent findings entered by the Subordinate Judge's Court, Koyilandy in O.S.No.17/2006, followed by those of the II Additional District Court, Kozhikode in A.S.No.64/2007, the plaintiffs in the suit have come up with the second appeal.

(3.) Initially, the suit was one for injunction simpliciter. A decree of perpetual injunction was sought for to restrain the defendants from forcibly evicting the plaintiffs from the plaint schedule property and also restraining the first defendant from creating any documents in respect of the plaint schedule property and from alienating or encumbering it and also from committing any waste thereon.