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2011 Supreme(Mad) 4242

R.MALA, R.BANUMATHI
Prema – Appellant
Versus
. – Respondent


Appearing Advocates:
For the Appellants:Asif Ali for V. Solai Malai, Advocates.
For the Respondents:

JUDGMENT :

R. MALA,J.

1. This Original Side Appeal has been preferred against the fair and decreetal order passed in O.P.No.775 of 2008 on 02.08.2010.

2. The learned counsel for the appellants would submit that the appellants herein had filed O.P.No.775 of 2008 stating that the testator Sadhu Kenghaiah Swamy had executed the last Will and Testament dated 08.12.1993 and he died on 03.04.1994. Universal Legatee is one Nayagam, who died on 20.10.2007. The legal heirs of the said Nayagam are the petitioners herein, who filed the petition in O.P.No.775 of 2008 for issuance of Letters of Administration. There was no caveator. So P.W.1 and P.W.2 were examined and Exhibits P1 to P8 were marked. The legal heir certificate of the deceased Nayagam was not filed. When the matter was posted for further evidence and for production of original legal heir certificate, the counsel therein reported no instruction. Therefore, the learned single Judge on considering the oral evidence of P.W.1 and P.W.2 and the documentary evidence, dismissed the petition. Hence, the appellants herein had filed an application in A.No.5340 of 2010 for restoring O.P.No.775 of 2008. The learned single Judge dismissed the a
















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