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1997 Supreme(Ker) 387

K.NARAYANA KURUP
Fr. Antony – Appellant
Versus
Clariat & Convent E. Society – Respondent


Judgment :-

K. Narayana Kurup, J.

Petitioner in O.P. (la) no. 113 of 1994 on the file of the court of the District Judge, Alappuzha is the revision petitioner. That was an application filed by the petitioner herein under Ss.276 and 278 of the Indian Succession Act, praying for issuance of Letters of Administration in relation to the Will dated 11.4.1993 executed by one Fr, Varghese Chathaparambil. Petitioner was one of the legal heirs of the testator and respondents 1 and 7 to 10 are stated to be the legatees under the Will. The testator died on 9.5.1993. Since the Original Petition was contested, the same was converted into a suit and registered as O.S.1/1994 on the file of the District Court. The plaintiff had paid 1/10th of the court fee on the total value of the assets covered by the Will. Some of the defendants had filed written statement in the suit. In the meanwhile, the parties to the suit arrived at a settlement among themselves which rendered it unnecessary to prosecute the Letters of Administration in regard to the Will executed by the testator. This fact was reported by the counsel for the plaintiff before the Court with a prayer to strike off O.S.1/1994 from the files.















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