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2009 Supreme(Ker) 471

V.RAMKUMAR
Francis – Appellant
Versus
Cherupushpam – Respondent


Advocates Appeared:For the Petitioner:N.P. Samuel, Advocate. For the Respondent:N. Subramaniam, Advocate.

Judgment :

The plaintiffs in O.S. No. 3 of 1998 on the file of the District Court, Thrissur are the appellants in this appeal. The said suit originated as O.P. 88 of 1995 before the District Court, Thrissur, presumably under Sec. 276 of the Indian Succession Act, 1925 originally for the grant of a probate in respect of a Will said to have been executed by one Vareed. Subsequently it was amended as a petition for Letters of Administration under Sec. 278 of the Indian Succession Act. Citations were issued on the O.P. Respondents 1 to 5 to the O.P. after receipt of citations lodged their caveat contesting the matter. Thereupon the O.P. was converted into a regular suit and numbered as O.S. 3 of 1998. The suit for the grant of Letters of Administration was in respect of Ext.A3 Will dated 16-5-1989 executed by Vareed who died of cancer of the throat and tongue on 23-6-1989. Vareed had two daughters in his first wife. Plaintiffs 3 and 4 namely Gracy and Daizy are the said two daughters. After the death of his wife Vareed had married the first defendant Cherupushpam in whom he had begotten four children - three sons and a daughter. Defendants 2, 4 and 5 are the three sons and the 3rd defen













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