KARTHIKA & ORS. Vs. EZHILMATHI & ANR.

JUDGEMENT

(1.) The defendants 2 and 3 in O.S.No.167 of 2004 on the file of the First Additional District Court, Tiruchirappalli, are the appellants in the above appeal.

(2.) The respondents 1 and 2 in this appeal are plaintiffs 1 and 2 in the suit and third respondent in this appeal is the first defendant in the suit.

(3.) The respondents 1 and 2 herein, as plaintiffs filed the suit in O.S.No.167 of 2004 for partition and separate possession of 1/2 share in the suit first item and for 1/2 share for the plaintiffs 1 and 2 in respect of items 1 to 3 and item 10 of suit properties. Insofar as first item is concerned, the plaintiffs also prayed for 1/2 share to the first defendant. The plaintiffs also prayed for alternative relief for division of properties item 1 to 3 and 10 of the suit properties into four equal shares and to allot two shares to the plaintiffs and 1/4 share to the first defendant, in case, the Court comes to the conclusion that the Will relied upon by them is held to be not valid.