ORDER

1. Delay condoned.

2. Leave granted.

3. This appeal is directed against the judgment and order dated 31st of July, 2006 passed by the Division Bench of the High Court of Madras in OSA NO.219 of 2006 by which the order of the grant of revocation of probate passed by the learned Single Judge of the original side of the High Court in Application No.4122 of 2005 in T.O.S. No. 32 of 1999 was confirmed.

4. We have heard Mr.Thiayagarajan, learned counsel appearing on behalf of the appellant and Mrs. R.Rajani, learned counsel appearing on behalf of the respondents. We have also examined the judgment under appeal as well as the materials on record. The only question that was agitated before us by Mr.Thiayagarajan, learned counsel appearing for the appellant challenging the judgment of the High Court revoking the probate granted in respect of the Will executed by the testator, was that the respondents having no caveatable interest in the estate of the deceased, the application for revocation filed by them could not be allowed. We are unable to accept these submissions made by Mr.Thiayagarajan, learned counsel appearing on behalf of the appellant only for the simple reason that admitted