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2018 Supreme(Mad) 131

C.V.KARTHIKEYAN
K. Govindasamy – Appellant
Versus
T. Rajasekaran – Respondent


Advocates Appeared:
For the Plaintiff :T.V. Krishnamachari, Advocate.
For the Defendants : M. Kalyanasundaram, SC.

JUDGMENT :

1. A.No.4 of 2006 had been filed, seeking to revoke the probate granted with respect to the last Will and Testament of T. Kanakasekaran, dated 18.02.1991 in OP.No.418 of 2001, by judgment dated 4.12.2001.

2. OP.No.418 of 2001 had been filed by T.Rajasekaran, seeking Letters of Administration with the Will annexed with respect to the last Will and Testament of his brother, T.Kanakasekaran, who died on 11.6.1997, leaving behind a registered Will, dated 18.2.1991, which was registered as Document No.12 of 1991, in the Office of the Sub Registrar, Sembium.

3. In the said Original Petition, the consent affidavit of the wife T.Kanakasekaran, namely, K.Mahalakshmi was filed. The consent of affidavit of V.Nirmala, sister of late T.Kanakasekaran and the consent affidavit of T.Selvasekaran, another brother of the late T.Kanakasekaran, were also filed. In the said proceedings, this court, after examining the evidence on record, had granted probate, by order dated 4.12.2001.

4. Subsequently, A.No.4 of 2006 had been filed by the said K.Mahalakshmi, seeking revocation of the probate on the ground that she did not actually give the consent affidavit, which was relied on, while granting the








































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