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2023 Supreme(Mad) 2890

S. S. SUNDAR, P. B. BALAJI
P. Chitra – Appellant
Versus
S. Gangadharan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.S.Senthil Nathan
For the Respondent: Mr.B.Chandrasekaran for Mr.R.Subramaniyam Associates

JUDGMENT

P.B.BALAJI, J.

Prayer:- Original Side Appeal filed under Order 36 Rule 9 of the Original side Rules read with Clause 15 of the Letters Patent, against the judgment and decree dated 14.06.2011 made in O.P.No.577 of 2008.

The above Original Side Appeal has been preferred against the order and decree in O.P.No.577 of 2008 dated 14.06.2011. The 4th respondent in the Original Petition is the appellant herein.

2. The 1st respondent filed the said Original Petition for grant of probate of the last Will and testament dated 20.11.1992 executed by his father, Srinivasa Rao, who had died on 15.02.2006, leaving behind his sons Prabhakar Rao, Ratnakar, respondents 2 and 3 and legal heirs of a pre-deceased son, S.Diwakar, being respondents 4 to 6, being the Class I legal heirs of Late S.Srinivasa Rao.

3. On receipt of notice from the Court in the original proceedings, the appellant appears to have filed a caveat intending to oppose the grant of probate sought for by the 1st respondent. The said caveat was lodged on 03.02.2009. An affidavit of objections supporting the caveat also appears to have been filed and returned on 04.02.2009. However, the Registry has returned the affidavit of object

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