IN THE HIGH COURT OF JUDICATURE AT MADRAS
Anila Shashikant Bhai Kothari – Appellant
Versus
Nipun Navnit Mehta – Respondent
ORDER
This Civil Revision Petition is at the instance of the plaintiff. It challenges the order passed by the learned I Additional District Judge, Salem in I.A.No.5 of 2023 in O.S.No.270 of 2023.
2. O.S.No.270 of 2023 is a suit for partition and separate possession. According to the plaintiff, the suit schedule mentioned properties were the self-acquired properties of one Sreekant Surajmal Mehta. He passed away on 22.10.2021. Sreekant Surajmal Mehta did not have any class one legal heirs. He had six siblings in all - two brothers and four sisters. Of the six, four are no more and only two are alive. The plaintiff claims that she is the sister of the deceased Sreekant Surajmal Mehta. She pleaded she came to know that the third defendant, one Nipun Navnit Mehta, had projected a “WILL” said to have been executed by the said Sreekant Surajmal Mehta and had initiated proceedings before the High Court of Judicature at Bombay. Pleading that the “Will” is an act of fabrication and not a genuine one, she contended that intestate succession would operate and therefore she is entitled to succeed to the estate of the deceased.
3. On being served with summons, the third defendant filed his written
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