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2020 Supreme(Mad) 48

M.M.SUNDRESH, KRISHNAN RAMASAMY
Lalitha Mohan – Appellant
Versus
Pratap K. Moturi – Respondent


Advocates Appeared:
For the Appellants :Raja Kalifulla, S.C., T.K. Viswanath, Advocates
For the Respondent:V. Lakshminarayanan, S.K. Rahul Vivek, Advocates

JUDGMENT :

M.M. Sundresh, J.

(Prayer: Original Side Appeal is filed under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of the Letters Patent against the judgment and decree dated 30.01.2018 made in T.O.S.No.73 of 2013 (O.P.No.761 of 2004).)

1. The appellants are defendants 2 and 3 in Testamentary Original Suit No.73 of 2018 converted accordingly in view of the caveat filed by the deceased first defendant being the husband and the father of the appellants. As the suit having been decreed upholding the validity of Ex.P1 being the last Will and testament of the father-in-law of the second defendant dated 20.05.1983, the present Original Side Appeal has been filed before us.

2. For the sake of convenience, the parties are referred as per their rank in T.O.S.No.73 of 2018.

3. Brief Facts:-

3.1. Late Sri S.Moturi Satyanarayana was a Member of the Parliament, apart from being a Member of the Legislative Assembly, who drafted the constitution. He was also the Chairman of the Dalmia Cements apart from being instrumental in the establishment of Hindi Prachar Sabha at Chennai. He had four sons and three daughters. He died on 06.03.1995. His wife Surya Kantha Devi pre-deceased h

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