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2023 Supreme(Mad) 1052

S. S. SUNDAR, P. B. BALAJI
G. Lakshmi – Appellant
Versus
U. Saraswathi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.J.Srinivasa Mohan
For the Respondent: Mr.N.V.Prakash

JUDGMENT :

P.B.BALAJI, J.

Prayer:- Original Side Appeal filed under Order 36 Rule 1 of the Original side Rules read with Clause 15 of the Letters Patent, against the judgement and decree dated 20.12.2016 made in T.O.S.No.97 of 2015 (O.P.No.485 of 2013).

The unsuccessful plaintiffs in T.O.S.No.97 of 2015 (O.P.No.485 of 2013) are the appellants before this Court.

2. The appellants as petitioners, filed O.P.No.485 of 2013, seeking grant of Letters of Administration with the Will of Late Dharmambal @ Pattamal, dated 06.03.2005, registered as Doc.No.14 of 2005 on the file of the Joint Sub Registrar, Chennai South, annexed. Caveat was filed by the daughter of the deceased Dharmambal @ Pattamal, intending to oppose the grant of Letters of Administration as prayed for by the appellants and consequently the O.P proceedings stood converted into a Testamentary Suit and the petitioners became the plaintiffs in the Testamentary Original Suit and the Caveator, the 1st respondent in the O.P became the sole defendant in the Testamentary Original Suit in T.O.S.No.97 of 2015.

3. The facts admitted as between the parties are as hereunder:

    (1) Late Dharmambal @ Pattamal was the sister of Mr.Ganesan, who is

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