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2001 Supreme(Mad) 525

C.NAGAPPAN, A.S.VENKATACHALA MOORTHY
R. Ramachandran – Appellant
Versus
G. Hariharan – Respondent


Advocates Appeared:
Mr. S. Raghavan, Advocate for Appellant. Mr. G. Subramanian Senior Advocate for Mr. P.B. Ramanujam, Advocate for Respondent.

Judgment :-

A.S. Venkatachalamoorthy, J.

1. The learned single Judge dismissed the applications 181 and 182 of 2000 in O.P.284 of 1991 filed by the appellant under Order 14, Rule 8 of O.S. Rules read with Order 25 Rule 62 of O.S.Rules and Section 263 of the Indian Succession Act, 1925 and Order 14, Rule 8 read with order 25 Rule 62 of O.S. Rules respectively by a common order dated 23.8.2000.

2. Theabove appeals have been filed by the appellant being aggrieved by the said order.

3. One Sivagami Ammal is the wife of late V.V.Raghunathan (Testator) and they have three sons and one daughter. The youngest of the sons is Ramachandran, the appellant herein. Deceased's daughter Annalakshmi's son is by name Hariharan, is the respondent herein.

4. The said Hariharan filed O.P.284 of 1991 under Sections 263 and 317 of the Indian Succession Act to issue probate of the last Will and testament of V.V.Raghunathan (Vanchi Vadyar Raghunathan), who died on 4.12.1990 at Madras. By an order dated 26.9.1995, a probate was granted. In the said proceeding, viz., O.P.284 of 1991, the present appellant was the 4th respondent.

5. The appellant filed two applications viz., (a) Application No. 181 of 2000 u






















































































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