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2016 Supreme(Mad) 2606

A.SELVAM, P.KALAIYARASAN
Karthik Meyyappan – Appellant
Versus
Sutha Devi – Respondent


Advocates Appeared:
For the Appellant : Mr. K.V. Babu.
For the Respondent: Mr. P.B. Balaji.

JUDGMENT :

A. SELVAM, J.

1. Challenge in this Original Side Appeal is to the judgment and decree dated 06.04.2016, passed in T.O.S. No. 26 of 2014, by the learned Single Judge of this Court.

2. The respondents herein, as plaintiffs, have filed T.O.S. No. 26 of 2014, praying to grant Letters of Administration in respect of a Will dated 24.11.2008. During pendency of the same, on the side of the respondents/plaintiffs, an attempt has been made to examine P.W.1 to adduce evidence and also to mark the Will, dated 24.11.2008. The appellants/defendants have raised an objection with regard to marking of the Will, dated 24.11.2008, through P.W.1 and subsequently, a reference has been made to the learned Single Judge of this Court.

3. The learned Single Judge, after considering the rival contentions raised on either side, has disposed of the matter, after giving the following observation:

"This Court permits P.W.1 to examine herself as the first witness and thereafter examine any one of the attesting witnesses or both of them to prove the execution of the Will."

Against the order passed by the learned Single Judge, the present Original Side Appeal has been filed, at the instance of the defendants


















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