RINCY Vs. SOBHANA M.V

JUDGEMENT

(1.) The petitioners are defendants and the respondents are the plaintiffs in OS No.111/2007, a suit for partition, on the file of Sub Court, Muvattupuzha. The petitioners are before this Court challenging the order of the learned Munsiff to re-examine the first defendant in OS No.111/2007.

(2.) The facts in brief are thus:

(3.) The petitioners herein filed written statement denying the marital relationship between late George Averrel and the first plaintiff and it is contended that the first plaintiff is a lady of promiscuous character and is actually the legally wedded wife of one K.V.Mohanan. She has been cohabiting with several men and there is no legally valid relationship between her and late Averrel George. The averment in the plaint that the first plaintiff and late Averrel George were residing in the house situated in the plaint schedule property as husband and wife is also denied by the defendants. It is further stated that late Averrel George had consequent to the divorce by mutual consent, also executed a compromise deed regarding the properties and a compromise order was passed by the Family Court produced at Ext.P3. Averrel George had thereafter executed a Will on 12.4.2007 bequeathing his property in favour of the second defendant, his only daughter. The said Will is his last Will and it is contended that the Will propounded by the plaintiffs purportedly executed by the deceased on 2.4.2007, is forged and fabricated.