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2007 Supreme(Mad) 3180

R.BANUMATHI, FAKKIR MOHAMED IBRAHIM KALIFULLA
J. Naval Kishore – Appellant
Versus
D. Swarna Bhadran & Others – Respondent


Advocates:
For the Appellant:T.V. Ramanujam, Senior Counsel for T.V. Krishnamachari, Advocate. For the Respondent: S. Parthasarathy, Senior Counsel for Sarvabhuman Associates.

Judgment :-

R. Banumathi, J.

This intra-court appeal is preferred against the Judgment and Decree in T.O.S.No.29/1993 dated 212. 2000, granting probate in respect of Will of late Javantharaj, in favour of Executor of the Will - Swarnabadran

2. The parties are related as under :- Javantharaj (23.07.1991) | ---------------------------------------------------------------------------------------------- | | | | | | | Champalal Mahendra Kumar Naval Kishore Parasmul Vimala Manjula Suseela | | | gone in adoption Defendant Beneficiary <.-----daughters-------->

3. Brief facts giving rise to this appeal are as follows:-

Plaintiff is a good friend of Testator Javantharaj. Javantharaj had properties and leased-hold rights in Madras City and Rajasthan and had other assets. By the suit Will, the Testator appointed the plaintiff as Executor and is said to have bequeathed his properties in favour of his last son Parasmul and grandsons - Vijayakumar S/o Mahendra Kumar, Devkiran S/o Naval Kishore and P.Prasanth Kumar S/o Parasmul.

The Will had been attested by Attesting Witness viz., Jayakumar and Seshmul. Stating that the Testator had executed the Will in a sound disposing state of mind, and under





























































































































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