JUDGMENT - VAZIFDAR S.J., J.:—The Notice of Motion is taken out by the plaintiff/petitioner to have the caveat filed by the defendant dismissed and to process the above petition as if it is uncontested.

2. The plaintiff filed the above petition for grant of letters of administration with the Will and Testament of his brother one Venkatapathy Ramnath (hereinafter "the deceased") annexed. The defendant is the son of one V.V. Ramnath a predeceased brother of the deceased.

3. The petitioners case is that the deceased died on 20th June, 2001 leaving behind his last Will and Testament dated 28th June, 2000. No executors having been named in the Will, the plaintiff filed the petition pursuant to section 232 of The Indian Succession Act, 1925 under section 232, when a deceased has made a Will, but has not appointed an executor, a universal or residuary legatee may be admitted to prove the Will and letters of administration with the Will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered.

4. As stated earlier the plaintiff is the brother of the deceased. The defendant/caveator, is the son of one V.V. Ramnath, who was the predeceased brother of the

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