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2024 Supreme(SC) 183

C. T. RAVIKUMAR, RAJESH BINDAL
Thangam – Appellant
Versus
Navamani Ammal – Respondent


Advocates appeared:
For the Appellant(s) : Mr. K. K. Mani, AOR Ms. T.archana, Adv. Mr. Rajeev Gupta, Adv.
For the Respondent(s): Mr. Suvendu Suvasis Dash, AOR

JUDGMENT :

Rajesh Bindal, J.

1. The issue under consideration in the present appeal is regarding genuineness of the Will dated 09.10.1984, which is a registered document, executed by Palaniandi Udyar in favour of Navamani Amma.

2. A suit1[O.S. No. 402 of 1986] filed by the respondent/plaintiff for declaration and injunction was decreed by the Trial Court2[Additional District Munsif Court, Ariyalur], holding the Will to be genuine. In appeal3[Appeal Suit No. 7 of 1991] by the appellants, judgment and decree of the Trial Court was reversed by the First Appellate Court4[Subordinate Judge, Ariyalur]. In second appeal5[Second Appeal No. 1344 of 1996] filed by the respondent the judgment and decree of the First Appellate Court was set aside and that of the Trial Court was restored by the High Court6[High Court of Judicature at Madras].

3. Before we embark upon to consider the issues in detail, we deem it appropriate to mention the relations between the parties and certain brief facts.

3.1. The testator of the Will dated 09.10.1984, Palaniandi Udayar, was the husband of appellant no. 1 Thangam and father of appellant no. 2 Laila.

3.2. The Will was executed on 09.10.1984 in favour of Navamani Am

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