CHITHALAN Vs. C. AMMU AMMA

JUDGEMENT

(1.) These are appeals filed against the decision of Raghavan, J. disposing of three Original Petitions which relate to the estate left behind by one A. A. D. Luiz, a Roman Catholic Anglo Indian Christian who died on 27-12-1962 at Ernakulam.

(2.) A. A. D. Luiz (referred to hereafter as Tony) died suddenly of heart failure during the early hours of 27-12-1962 at Pallath House, Ernakulam leaving behind his considerable assets valued by the Collector at Rs. 902676/-. Tony is I the eldest of the three sons of Chevalier Cherupunathil Paul Luiz and Mrs. Mary P. Luiz. Paul Luiz died on 22-11-1937 while Mrs. Mary P. Luiz died on 15-11-1958. The two brothers of Tony are A. W. P. Luiz (referred to hereafter as Alfy) and S. P. Luiz (referred to hereafter as Stanley). S. P. Luiz married Doris Stanley Luiz (referred to hereafter as Doris), in 1940.

(3.) The arguments on the original petitions before the learned single Judge were concluded on 20-10-1965. Before pronouncing judgment the learned Judge by proceedings dated 29-10-1965 caused the issue of notices under S.479A(1) of the Code of Criminal Procedure to Pws. 1 and 2 who are stated to be the attestors to Ex. P 1, D. Ws. 10 and 11 who are stated to be the attestors to Ex. D 1, DW. 14 the receiver who produced Ex. P l in court and Pw. 19 (Stanley) and also the issue of notice under S.476(1) of the Criminal Procedure Code to Dr. Chithalan, to show cause why action should not be taken against them for perjury and fabrication of false evidence. Dr. Chithalan and Stanley filed Civil Appeals 871 of 1966 and 1003 of 1966 in the Supreme Court against the order of the learned single Judge passed on 29-10-1965, directing the issue of show cause notices to them, after obtaining special leave. Though an ex parte order of interim stay of further proceedings in O. P. 705 of 1964 was passed by the Supreme Court at the instance of Dr. Chithalan, it was subsequently modified on 19-1-1966 confining the stay only to the further proceedings consequent on the issue of the show cause notices. The judgment which is the subject matter of the appeals before us was therefore pronounced by the learned Judge on 25-2-1966. By this judgment the learned Judge has again directed the issue of notices under S.479A(1) and 476(1) of the Criminal Procedure Code to the parties mentioned above. The appeals before the Supreme Court were allowed by the order dated 30-3-1967, and the order dated 29-10-1965 was quashed in view of the direction for the issue of fresh notices in the judgment under appeal.