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2015 Supreme(Mad) 3058

P.DEVADAS S
S. Sankarasubramanian – Appellant
Versus
S. Guhan – Respondent


Advocates Appeared:
For Petitioner: M/s.S.Palanivelayutham
For Respondent-1:M/s.A.Nawaz Khan
For Respondent-2: M/s.A.Arumugam
For Respondent-4:M/s.A.Ashok Kumar
For Respondent-3:No appearance

ORDER :

Since both revisions are connected in factual matrix, they were heard together and are being disposed of together

2. These revisions arose out of I.A.Nos. 76 and 77 of 2015 in I.A.No. 149 of 2007 in O.S.No.31 of 1985 on the file of the Principal Sub-Court, Tenkasi. This is a Will matter. It will give lot of controvercies. It has given controversies, because the genuineness of the Will is in issue, but this necessarily has to be set at rest by appreciation of evidence by the parties.

3. Originally, it started from a partition suit in O.S.No.31 of 1985. A preliminary decree was passed. Both sides and their mother Balammal were allotted shares. Final decree is yet to be passed. The matter went into rough weather, when Balammal passed away. Her son Sankarasubramanian (3rd defendant) filed I.A.No.149 of 2007 to pass a supplemental pre-liminary decree in view of the demise of their mother. His other brothers have become his rivals. Notable among them are Dr.K.Krishnaswamyh(Plaintiff) and Guhan (6th defendant). Guhan has become his rival. They wished to exhibhit Holographic Will stated to have been executed by Balammal while alive and which was deposited in the Registrar's Office.





















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