PAPAMMA Vs. J GIRIJA KUMARI AND ORS

JUDGEMENT

(1.) Heard the learned counsel for parties.

(2.) The original plaintiff namely Papamma had filed a suit for partition and separate possession of 1/5th share in the suit schedule properties. After her death, her second son namely Ramesh was permitted to come on record as her legal representative. During pendency of petition, Ramesh also died. Therefore, his wife and children were permitted to come on record as prayed for in I.A.No.1/2013.

(3.) The learned trial judge while accepting the application filed by deceased Ramesh has held that deceased Ramesh is permitted to come on records to establish the rights of deceased Papamma in suit schedule properties however, the learned trial judge has declined to consider the will put forth by deceased Ramesh and has observed that deceased Ramesh could work out his rights under the alleged will in a separate proceeding.