Both the Trial Court and the High Court have on interpretation of the Will and companysidering the other material on record companycluded that the plaintiff is entitled to 1/3rd share in the suit property according to the terms of the Will.
The main issue involved in these appeals is the interpretation of the terms of a Will Exhibit B1 executed by the late Komappan in the year 1940 regarding the bequest of the suit property, i.e., Item Nos.
1044 of 1998.
It was only Signature Not Verified Defendant No.
1 and 2 of Schedule A of the Will.
A review petition filed by him was also dismissed.
203 of 1996 and the High Court of Kerala in A.S. No.
MOHAN M. SHANTANAGOUDAR, J. These appeals are presented by the unsuccessful Defendant No.
3 against the companycurrent findings given by the Court of Subordinate Judge, Kozikode in O.S. No.
It is relevant to numbere that the other defendants have accepted the judgment of the Trial Court, which decreed the suit for partition of the suit property, granting 1/3rd share to the plaintiff, and companysequently did number file any appeal against the judgment.
3 who questioned the judgment of the Trial Court, Digitally signed by VISHAL ANAND Date 2018.11.02 141844 IST Reason and failed in the appeal.
