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2005 Supreme(Mad) 1695

P.K.MISRA
Pushparaj S/o. Maria Jebastian – Appellant
Versus
Somalingam – Respondent


Advocates Appeared:For the Petitioner:M.V. Venkataseshan, Advocate. For the Respondent:C. Godwin, Advocate.

Judgment :-

(Civil Revision Petitions filed under Section 115 of CPC against the common order passed in E.A.No.141/04 in O.S.No.73 of 1983 and E.A.No.154/2004 in O.S.No.79 of 1982, on the file of Principal District Munsif, Nagercoil dated 28.2.2005.)

Common Order

These Civil Revisions are directed against the common order passed by the Executing Court rejecting the applications filed under Order XXI Rule 99 of the Code of Civil Procedure by the present petitioners.

2. The brief facts giving rise to the present Civil Revisions are as follows: -

The disputed property originally belonged to one Santhana Marian, the paternal grandfather of the present petitioner. Said Santhana Marian executed a Will bequeathing the disputed property in favour of his daughter-in-law Maria Soosai Ammal, the mother of the present petitioner. The said Maria Soosai ammal had four sons and three daughters, including the petitioner. The Will had not been probated and no letters of administration had been obtained. On the death of the grandfather in the year 1962, the property devolved upon the father of the petitioner as the Will in question had not been probated. However, Respondent No.1 in the present Civil Rev










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