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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR, J
Madan Kumar – Appellant
Versus
Gowri Shankar Srinivasan (died) – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal of application. (Para 1 , 2 , 3) |
| 2. importance of expert opinion in will validity. (Para 4) |
| 3. criteria for will comparison not met. (Para 5 , 6) |
O R D E R
The Civil Revision Petition is filed challenging the order passed by the Sub Court, Ranipet in I.A.No.5 of 2023 in O.S.No.448 of 2013, dated 02.12.2023 dismissing the application filed by the plaintiffs seeking to send the disputed Will for comparison with the admitted document.
2. The plaintiffs filed a suit seeking declaration and permanent injunction. The suit was resisted by the 1st respondent/defendant inter alia by relying on a Will allegedly executed by one R.Krishnamoorthy, dated
10.12.2003.
3. The trial in the suit is over and the same is posted for argument. At this stage, the present application has been filed by the plaintiffs seeking to send the disputed Will for comparison with the admitted Mortgage Deed executed by the very same Testator. The said application was dismissed by the Trial Court and aggrieved by the same, the petitioner/4th plaintiff has come before this Court.
4. The learned counsel appearing for the petitioner would submit that the core question to be decided in th
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