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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N.MANJULA
Celine Martina – Appellant
Versus
T.Joseph Athisayam (died) – Respondent
| Table of Content |
|---|
| 1. second appeal filed to set aside judgment. (Para 1 , 2) |
| 2. plaintiff's claim of partition and background. (Para 3 , 4 , 5) |
| 3. arguments regarding the nature of the will. (Para 8 , 10 , 11) |
| 4. court's observations on the will's validity. (Para 13 , 14 , 16) |
| 5. distinction between mutual and joint wills. (Para 20 , 22 , 24) |
| 6. court's conclusion on the nature of the will. (Para 30 , 32) |
| 7. outcome of the second appeal. (Para 33) |
JUDGMENT :
R.N. Manjula, J.
This Second Appeal has been filed to set aside the judgment and decree of the learned Additional District Judge, Tirupur dated 31.10.2014 made in A.S.No.57/2012 reversing the judgment and decree of the learned Additional Subordinate Judge, Tirupur dated 09.03.2012 made in O.S.No.97 of 2011.
2. Heard Mr.V.Raghavachari, learned Senior Counsel for the appellant and Mr.B.Arvind Srevatsa, learned counsel for R2 to R4 and perused the materials available on record.
3. The Appellant is the plaintiff who has filed a suit for partition and separate possession of 1/2 share in the suit property. The Trial Court had decreed the suit as prayed and passed a preliminary decree. On the First Appeal preferred by the defendant, the First Appe
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