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2023 Supreme(Mad) 1051

N. SESHASAYEE
D. Harish – Appellant
Versus
Champalatha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.P.H.Arvind Pandian, Senior Counsel for Mr.C.V.Shailandhran
For the Respondent: Mr.T.R.Rajagopalan Assisted by Ms.Aswini Devi.K & K.S. Kamakshi Mr. P. Chandrasekar

ORDER :

Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the final decree passed by the IV Additional District and Sessions Judge, Thiruvallur at Ponneri dated 22.10.2021 in O.S.No.189 of 2020.

This is a petition under Article 227 of the Constitution through which the revision petitioners seek the setting aside of a compromise decree passed in O.S.No.189 of 2020 on the file of the IV Additional District and Sessions Court, Tiruvallur at Ponneri, as a product of fraud. The revision petitioners are not parties to the suit.

2. The dispute is a duel between the petitioners and the respondents over succession to the estate of certain Chakrapani. Neither side are his direct legal descendants, as Chakrapani and his wife Mythili died issueless. And, what is the source or basis of their claim? While the revision petitioners, who are nephews of Chakrapani (they being the children of his brother Dayalan) stake a claim to his estate based on his alleged Will dated 24.08.1979, their opponents, who are the children of Chakrapani's brother-in-law Gajapathi (brother of Mythili) assert title to the same estate on the basis of a registered Will

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