K P UTHIRASAMY Vs. V JANAKI

JUDGEMENT

(1.) APPEAL Suit (First APPEAL) against the judgment and decree dated 25.8.2006 in O.S.No.790 of 2004 on the file of the Additional District Court (Fast Track Court No.III), Coimbatore.

(2.) THE averments in the plaint are as follows:

(3.) THE trial Court, after considering the averments both in the plaint and in the written statement, and the arguments of the learned counsel for the appellants/D1 and D2 and the respondents 1 and 2/plaintiffs and the respondents 3 and 4/defendants 3 and 4 having been set ex-parte, framed two issues for consideration, and upon considering the oral evidence of P.W.1 and D.Ws.1 and 2 and the documentary evidence of Exs.A-1 to A-3 and Exs.B-1 to B-13, decreed the suit granting preliminary decree of partition, and holding that Ex.B-13 Will is not true and genuine document and disbelieving the evidence of D.W.2, the attestor of the Will, against which, the present First Appeal has been preferred by the appellants/D1 and D2, namely the sons of Palanisamy Konar.