R VISWANATHAN Vs. R NARAYANASWAMY SUBSTITUTED

JUDGEMENT

(1.) This appeal, by special leave, is directed against that part of the judgment and order dated February 3, 1965 of the High Court of Mysore, dismissing I. A. No. 20 in R. A. No. 109 of 1947-48, filed by the appellant praying for an order nullifying all the proceedings in R. A. No. 109 of 1947-48 and directing the retransfer of O.S. No. 61-A of 1947 to the City Court with a further direction to the said Court to draw up a decree in the suit.

(2.) The circumstances leading up to the filling of the above application before the Mysore High Court may be stated:

(3.) One V. Ramalinga Mudaliar, owned vast properties and interest in business in the territories of the old Princely State of Mysore, Civil and Military Station in Bangalore and in the Madras Presidency. He died in Bangalore on December 18, 1942 leaving behind his widow, three sons and nine daughters. He had executed a will dated September 10, 1942. Under the will the testator bequeathed only small portions of his property to the members of the family and the major portion of the properties had been dedicated to charities, enumerated in the will. Under the will, three executors were appointed. One of the executors died in November 1961 and another renounced his executorship in or about June 1951. Therefore, the only executor who was opposing the application before the High Court was the respondent.