Heard Mr.K.M.Vijayan, learned Senior Counsel for the applicants and Mr.R.Yashod Vardhan, learned Senior Counsel appearing for the respondents.

2.The Testatrix, who served as an high ranking Civil servant in the Central Government and the wife of a freedom fighter Late N.Krishnaswamy, (who was incarcerated along with the freedom fighter like Sri.Jamanlal Bajaj), left a Will on her own accord and bequeathed substantial portion of the properties to the Cancer Institute at Chennai. The executors of the Will filed a Original Petition before this court for the grant of probate as soon as the death of the testatrix on 19. 2005. The O.P. which was presented before this Court on 12. 2005 was admitted on 23. 2006. On notice, the respondents 1, 4 and 5 have filed consent affidavits, expressing no objection to the grant.

3. Insofar as the applicants are concerned, they were served on 11.04.2006. Thereafter, when the matter came up on 10.07.2007, this Court directed to print the name of the two applicants, who had filed the caveat before this Court and the matter was directed to be posted on 12.07.2007. It was stated that their counsel M/s.R.Suresh Kumar and R.Sivakumar have filed a