ROHINTON FALI NARIMAN, VINEET SARAN
Joseph Easwaran Wapshare – Appellant
Versus
Shirley Katheleen Wheeler – Respondent
JUDGMENT :
ROHINTON FALI NARIMAN, J.
1. Nobody appears for the respondent, even though service is complete.
2. Leave granted.
3. The present appeal arises out of a proceeding to revoke a Succession Certificate that was granted in favour of the appellant on 16.03.2005.
4. The appellant No. 1 is the son of one Gorden Wapshare. Gorden Wapshare had a brother called Edward Wapshare, who married one Beatrice. Apparently, this marriage was fruitless as there was no issues therefrom. He also had two sisters, one of whom Miss Dorthy Wapshare was unmarried, who is since dead; and the other Miss Violet Wapshare, who was married and has a daughter called Ellen Mary Jackson. Gorden Wapshare was himself married and had two sons-one of whom is the appellant No. 1, and the other son called Robert Babu Wapshare, who is dead. The appellant No. 1, in turn, is married and has two sons. The respondent before us Ms. Shirley Katheleen Wheeler is said to be the daughter of Beatrice, who, as stated herein above, was the wife of Edward Wapshare.
5. Gorden Wapshare died on 18.01.1991. As a result, a petition was preferred under Section 372 of the Indian Succession Act, 1925 being O.P. No. 17 of 2005 before the Cou
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