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2013 Supreme(Mad) 408

R.BANUMATHI, K.K.SASIDHARAN
N. Sthirasundari – Appellant
Versus
V. Kalyani – Respondent


Advocates appeared:
For the Appellants:K.M. Vijayan, Senior Counsel for Ms. Swarnalatha Mahesh, Advocate.
For the Respondents:Yashod Vardhan, Senior Counsel for R. Sunilkumar, Advocate.

Judgment :-

R. BANUMATHI, J.

1. This intra Court appeal arises out of the dismissal of the application in A.No.7000 of 2007 in O.P.No.188 of 2006 and declining the revoke the probate of the Will (25.08.2005) of deceased T.S. Savithri Krishnasamy.

2. Brief facts:- O.P.No.188 of 2006 was filed by the Respondents for grant of probate of Will dated 25.8.2005 of the deceased T.S. Savithri Krishnasamy. In the main O.P., Appellants were served with notice during April 2006 and they have filed their vakalat and caveat on 28.04.2006. Case of Appellants is that subsequent to the filing of caveat in O.P.No.188 of 2006 for probate, the counsel for Respondents spoke to their Advocate and negotiated for settlement and settlement talks were in progress and the Appellants have authorised their elder sister's son Rajamani to represent them in the settlement talks with the Respondents. According to Appellants, even during the second week of August 2007, their representative and the counsel contacted the Respondents' counsel. On 21.09.2007 when the representative went over to the office of the counsel for Respondents to enquire into the settlement, he was informed about the order of the Court dated






























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