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2021 Supreme(Mad) 3531

A.D.JAGADISH CHANDIRA
Duraisamy S/o. Late Palaniappan Gounder – Appellant
Versus
Pavayee W/o. Late Thangamuthu – Respondent


Advocates Appeared:
For the Petitioner: Mr. V.S. Kesavan.
For the Respondent: Mr. R. Marudhachalamoorthy.

ORDER :

(This case has been heard through video conference) This Civil Revision Petition has been filed to set aside the Fair and Final order passed in I.A.No.699 of 2016 in O.S.No.608 of 2008 dated 11.11.2016 on the file of the Sub Court, Tiruchengode dismissing the petition filed seeking to permit the petitioners/defendants to mark the registered Will dated 27.01.2000 which was executed by one Thangamuthu in favour of the Second Petitioner.

2. The learned counsel for the petitioners would submit that the petitioners are the defendants in O.S.No.608 of 2008 filed by the respondent/plaintiff for partition and separate possession of the suit property. He would further submit that the first petitioner/first defendant was examined as DW-1 and that he had filed a proof affidavit on 15.10.2014 and even prior to that, the first petitioner had filed the registered Will dated 27.01.2000 executed by his elder brother namely Thangamuthu in favour of the second petitioner/second defendant. He would further submit that the elder brother Thangamuthu passed away on 03.02.2003 and that the petitioners had also filed the death certificate and other connected documents. He would further submit that s

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