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2014 Supreme(Mad) 4042

SANJAY KISHAN KAUL, M.SATHYANARAYANAN
S. V. Matha Prasad – Appellant
Versus
Renuka Devi – Respondent


Advocates Appeared:
For the Appellant:Anoop G. Chaudhary, Senior Counsel Assisted by M/s. June Chaudhary & Sumithira Chaudhary, M. Kamalakannan, Advocates.
For the Respondents:R1, R. Natarajan, R2, I. Manjur Alam, Advocates.

Judgment

1. Late Thiru.S.V.Ramakrishnan (Testator) is alleged to have executed a Will dated 15.07.1970 and the first respondent before us (original plaintiff) filed a petition on 18.12.2006 for grant of Letters of Administration in respect of the said Will, 26 years after the death of the Testator, who passed away on 31.12.1980. The Testator was married to one Rajalakshmi, the mother of the appellant (original second defendant), who passed away in March, 1952. There were two children born from their marriage, the appellant/ second defendant and respondent no.2/ first defendant. It appears that the Testator started living with the sister of Rajalakshmi, Smt.Saroja and the Union produced three daughters and a son. Respondent no.1 is one of the daughters. The petition was opposed by appellant/ second defendant and respondent no.2/ first defendant.

2. Respondent no.1/ plaintiff, who is staying in Mysore, entered the witness box as P.W.1 and was examined before the Additional Master-I on 26.08.2010. The counsel for the second respondent/ first defendant concluded the cross-examination on 02.12.2010, whereafter the counsel for the appellant/ second defendant took adjournment for cross-exa
















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