RANJAN GOGOI, R.K.AGRAWAL
LEELA RAJAGOPAL – Appellant
Versus
KAMALA MENON COCHARAN – Respondent
JUDGMENT :-
RANJAN GOGOI, J.
1. All the three appeals being directed against the common judgment and order of the High Court dated 18.08.2009 were heard analogously and are being disposed of by this order.
2. In the present appeals, which challenge a judgment of reversal passed by a Division Bench of the High Court of Madras, determination of what is essentially a question of fact confronts this Court exercising its jurisdiction under Article 136 of the Constitution. The said question is with regard to the validity and legality of a Will dated 11.1.1982 executed by one K.P. Janaki Amma, the mother of the appellants and the first respondent. The learned Trial Judge by his order dated 23.01.2001 dismissed the probate proceedings instituted by the first respondent (later converted into a Suit being T.O.S. No. 16 of 1994) by holding that the execution of the Will dated 11.1.1982 is surrounded by a host of suspicious circumstances rendering the same legally unacceptable. The aforesaid view of the learned Trial Judge of the High Court having been overturned by the Division Bench of the High Court by impugned order dated 18.08.2009, the present appeals have been filed.
3. We have heard Mr.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.