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2017 Supreme(Mad) 1530

N.SATHISH KUMAR
C. Jaichander – Appellant
Versus
E. Rajalakshmi – Respondent


Advocates Appeared:
For the Applicants : Mrs. Chitra Sampath, T.S. Baskaran
For the Respondents: Mr. K.V. Babu, Mr. A.R. Karuna Kannan

JUDGMENT :

N. Sathish Kumar, J.

This application is filed to reject the testamentary suit transferring O.P.No.6 of 2013.;

2. The brief facts leading to filing of this application is as follows :

The respondent/plaintiff filed Original Petition for grant of Letters of administration on the basis of the Will dated 09.07.1995 left by one Bhagyalakshmi said to be the mother of the applicant herein. Initially, the applicant did not know the execution of the Will. Thereafter on 02.03.1996, he became aware of the Will through the letter of one Ashok Menon. Immediately, the applicant raised the dispute as to its genuineness and validity of the Will besides, he also approached the City Civil Court by filing a suit in O.S.No.7861 of 1996 for the relief of permanent injunction. In the above suit, the respondent/plaintiff has filed a written statement stating that she was not claiming any right under the alleged Will and the suit has been dismissed as against her. The applicant has also filed caveat against the respondent and her family and also the executors named in the alleged Will before this Court as early as on 22.05.1996. But no steps were taken to obtain probate of the alleged Will by the



































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