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2021 Supreme(Mad) 1072

R.PONGIAPPAN
C. Thiyagarajan – Appellant
Versus
P. Siva – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S.Balasubramaniam, for Mr.S.Bhuvaneswaran
For the Respondent: Mr. M.Imthias for Mr.M.Vijayakumar

JUDGMENT :

The petitioner/plaintiff in both the Testamentary Original Suit, has initially filed two Original Petitions with regard to two Wills executed by his mother late C.Kannammal in respect of two different properties viz., O.P.Nos.920 of 2005 for grant of probate of the Will dated 23.02.2000 and O.P.Nos.723 of 2005 for grant of probate of the Will dated 15.07.1994. Thereafter, on 27.03.2006 and 24.01.2016, this Court granted an order of probate in favour of the plaintiff. Later, due to the intervention of the respondents/defendants, the probate order was revoked vide order dated 13.09.2012 and 05.07.2016, and ultimately, the Original Petitions were converted into Testamentary Original Suits. Thereafter, vide order dated 03.07.2017 in A.No.2038 of 2017, joint trial of both the T.O.S. was ordered. Therefore, both the Testamentary Original Suits are taken up together and disposed of by this common judgment.

2. Case of the petitioner/plaintiff in TOS No.10 of 2013:

    (i) The petitioner C.Thiyagarajan S/o. Late Chellappa Naicker was residing at No.18, Appasamy Garden, 4th Street, O

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