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2018 Supreme(Mad) 2557

N.SATHISH KUMAR
R. Parthasarathy – Appellant
Versus
N. Mannamal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.G.Rajkumar, Adv
For the defendant : Mr.S.Gopinathan, Adv

JUDGMENT :

The Testamentary Suit in T.O.S.No.1 of 2016 and the Second Appeal in 359 of 2014 were tried together since the subject matter of the property in the Second Appeal in S.A.No.359 of 2014 is the subject matter of the Will, which is the main issue in T.O.S.No.1 of 2016.

2. The brief facts leading to the filing of the suit in T.O.S.No.1 of 2016 is as follows :

The petitioner is the son of one G.Ramasamy, who died on 16.02.2001. Though the father of the plaintiff left the Will in the year 2001, the plaintiff was not aware of the fact that Letters of Administration had to be obtained. Only when the defendant filed the suit in O.S.No.4366 of 2008 for partition of the suit property before the XIII Assistant City Civil Court, Chennai, the plaintiff approached the counsel and handed over the Will to file an application for Letters of Administration. However, the erstwhile counsel misplaced the original Will in his office and was not able to trace the same. Since the plaintiff was requesting the erstwhile counsel, he has presented O.P.SR.No.3559 of 2010. Thereafter, again his erstwhile counsel lost the case bundle. Therefore, the present Original Petition has been filed. Thereafter, th












































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