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2009 Supreme(Mad) 5761

PRABHA SRIDEVAN, M.SATHYANARAYANAN
S. J. Jansi Rani – Appellant
Versus
Crecey Fernandes & Others – Respondent


Advocates appeared:
For the Appellant:S. Parthasarathy, Senior Counsel for S. Sivakumar, Advocate.
For the Respondents:R1, S.A. Syed Haroon, Advocate.

Judgment

The 8th Defendant in O.P.No.309 of 2000, which has been converted into T.O.S.No.5 of 2001 and the Plaintiff in O.S.No.455 of 2003, which was pending on the file of the City Civil Court, Chennai and transferred to the file of this Court and renumbered as C.S.No.90 of 2004, is the appellant and aggrieved by the decreeing of the suit in T.S.No.5 of 2001 and dismissal of her suit in C.S.No.90 of 2004, has filed these appeals.

.2. The facts in brief for the disposal of these appeals are as follows:-

.The Plaintiff in T.O.S.No.5 of 2001 viz., Ms.Crecey Fernandes has filed O.P.No.309 of 2000 on the file of this Court, under Section 222 and 276 of the Indian Succession Act, 1925 against Sister Pia Fernandes and 7 others, praying for Probate of the Will dated 14.06.1986, executed by her Late brother S.R.Fernandes.

3. The 8th Respondent viz., S.J.Jansi Rani, who is the appellant in these appeals, entered a caveat and opposed the grant of Probate. Therefore, the O.P. was converted into T.O.S.No.5 of 2001.

4. In the Original Petition, it is averred among other things that wife of S.R.Fernandes pre-deceased him and they had no issues. S.R.Fernandes was living alone in the upstairs






































































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