Advocates:
['ARTHI S P', '', 'D THIRUMOORTHY', 'm/s fox mandal', 'associates', '', 'john zachariah', 'm v v n sivanthy', 'vijay r sekar']

CRP.PD.Nos.2569 & 2570/2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on 04.02.2022

Delivered on 05.07.2022

CORAM

THE HON'BLE MR. JUSTICE S.S.SUNDAR

CRP.PD.Nos.2569 & 2570/2019 & CMP.No.16912/2019 in

CRP.PD.No.2570/2019

1.Youlande Louis [Nee Sinnas]

2.Etienne Sinnas

..

Petitioners

Versus

1.Celestine Pushparaj

2.R.F.Maria Raj

3.A.Irudhaya Raj

..

Respondents

Common Prayer:- Civil Revision Petitions filed under Article 227 of the

Constitution of India against the fair and decreetal order dated

15.04.2019 passed in IA.Nos.505 & 503/2019 in OP.No.69/2013 on the

file of the learned Principal District Judge, Puducherry.

For Petitioners in all

Petitions

:

M/s.S.P.Arthi

For Respondents in all

Petitions

:

Mr.John Zachariah

1

https://www.mhc.tn.gov.in/judis

CRP.PD.Nos.2569 & 2570/2019

COMMON ORDER

(1)

These two Civil Revision Petitions have been preferred by the

revision petitioners in the Original Petition in OP.No.69/2013 on

the file of learned Principal District Judge at Pondicherry, as

against the order dismissing the applications in IA.Nos.503 and

505/2019, which were filed by the petitioners herein to reopen the

petitioners’ side evidence which was closed on 09.02.2019 and to

issue subpoena to Professor Ramakrishnan, who has given expert

opinion, for cross examination.

(2)

Brief facts that are necessary for the disposal of these Civil

Revision Petitions are as follows.

(3)

The revision petitioners filed OP.No.69/2013 under Sections 234

and 279 of the Indian Succession Act to prove the Will in

common form and to grant Letters of Administration to the Will

stated to have been executed by late Mrs.Marie Gisle Therese

Louise, It is the case of the revision petitioners that late Mrs.Marie

Gisle Therese Louise is the wife of late Mr.Lourdes Marie

Francois @ Lourdes Rassa.

2

https://www.mhc.tn.gov.in/judis

CRP.PD.Nos.2569 & 2570/2019

(4)

The revision petitioners in their petition stated that Mrs.Marie

Gisle Therese Louise is their paternal aunt being the sister of their

father late Mr.Robert Sinnas. The Original Petition is for grant of

Letters of Administration for the Will executed by Mrs.Marie

Gisle Therese Louise [hereinafter referred to as the Testatrix].

The 1^st respondent is the sister-in-law of the testatrix and

respondents 2 and 3 are the sons of the other sisters-in-law of the

testatrix who are no more.

(5)

It is stated that the testatrix had bequeathed her property in favour

of her husband late Mr.Lourdes Marie Francois @ Lourdes Rassa.

It is further stated that she gave life interest without a power of

alienation. It is further stated that the property will thereafter be

inherited by the petitioners herein in equal shares. The Will

propounded by the petitioner was dated 31.05.1993 and it was

registered as Document No.174/1993. It is also admitted that the

husband of the testatrix died on 13.06.1999. Hence, the

petitioners herein filed OP.No.69/2013 with the aforesaid prayer.

3

https://www.mhc.tn.gov.in/judis

CRP.PD.Nos.2569 & 2570/2019

(6)

The Original Petition was seriously opposed by the respondents

herein who are the eldest sister-in-law and the legal heirs of the

other sisters-in-law of the testatrix. It is the case of the

respondents in the proceedings that the said Will executed by the

testatrix was subsequently cancelled by her under the Deed of

Cancellation dated 27.09.1995 which is also registered as

Doc.No.344/1995.

(7)

M/s.S.P.Arthi, learned counsel for the revision petitioners

contended that the cancellation of the Will in the year 1995 was

specifically disputed by the revision petitioners herein and that the

document cancelling the Will, is prepared with the forged

signature of the testatrix. The deed of cancellation was also

registered. Hence it is also alleged that the cancellation was

registered by impersonation.

(8)

Therefore,