Chinnusamy vs R. Poovaragavan K. Kuppusamy(Died)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 838

RMT. TEEKAA RAMAN
Chinnusamy – Appellant
Versus
R. Poovaragavan K. Kuppusamy(Died) – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Mr.A.K.Kumarasamy Senior Counsel for Ms.J.Prithivi
For the Respondent: Mr.S.Rajendrakumar

JUDGMENT :

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

Prayer in CMA No.4295 of 2019 : Civil Miscellaneous Appeal filed under Section 299 of Indian Succession Act, 1925 against the fair and final order in Probate O.P.No.63 of 2005 on the file of the Additional District (Fast Track Court), Mettur dated 26.07.2019.

For the sake of convenience, parties are referred to as per their ranking in the Probate OP.

2. Challenging the grant of probate to the alleged Will of Kandasamy Gounder S/o Chinnappa Gounder, the respondents 2 to 4 (Appellants herein) have preferred the present appeal.

3(a) The first respondent herein is the petitioner who filed Probate OP No.63 of 2005 before the Additional District Judge, (Fast Track Court), Mettur in connection with Will executed by Kandasamy Gounder S/o Chinnappa Gounder wherein the other respondents and appellants herein were made as parties.

3(b) The first respondent/Poovaragavan filed the above OP for probate of the Will under Section 276 of the Indian Succession Act for grant of probate in favour of the first respondent, in respect of the Will dated 13.08.2003 said to have been executed by Kandasamy Gounder s/o Chinnappa Gounder.

4. The brief averments th