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2023 Supreme(SC) 521

V. RAMASUBRAMANIAN, PANKAJ MITHAL
A. Wilson Prince – Appellant
Versus
Nazar – Respondent


Advocates appeared:
For the Petitioner(s): Mr. K. K. Mani, AOR Ms. T.archana, Adv. Mr. Rajeev Gupta, Adv. Mr. Vinay Rajput, Adv.
For the Respondent(s): Mr. P. S. Sudheer, AOR Mr. Rishi Maheshwari, Adv. Ms. Anne Mathew, Adv. Mr. Bharat Sood, Adv. Mr. Deepayan Mandal, AOR

JUDGMENT :

PANKAJ MITHAL, J.

1. This is a peculiar and an interesting case but with nothing to be adjudicated upon by us.

2. One Rev. Salusbury Fynes Davenport, who possessed vast properties, died on 24.01.1972 at Udhagamandalam, Ooty. During his lifetime, he had executed a Will dated 19.07.1969 appointing respondent No.3 - M/s King and Partridge as the executor of the Will. A senior partner of the said firm, Mr. Chakravarthy Duraisamy, in furtherance of his responsibility as the executor in the Will, applied under Section 222(1) and 272 of the Indian Succession Act, 1925, for grant of probate in respect of the aforesaid Will.

3. In the probate case No.15 of 1972, the court at Ooty granted probate vide order dated 29.07.1972 in favour of the executor. The executor filed an inventory with the court on 20.01.1973 which was recorded on 24.01.1973. Finally, the executor submitted final accounts in the matter on 09.07.1973 which were recorded on 17.07.1973.

4. The matter with regard to the probate of the aforesaid Will dated 19.07.1969 of Rev. Salusbury Fynes Davenport came to at rest as above.

5. Later on 30.01.2016, Smt. Mary Brigit (now deceased) applied for the copy of the probate of the

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