S V RAMAKRISHNAN Vs. P R SETHURAMAN

JUDGEMENT

(1.) Being aggrieved by the dismissal of the application in A.No.5349 of 2008 in O.P.No.875 of 2006 declining to revoke the Probate granted on 17.3.2008 in O.P.No.875 of 2006, appellant has preferred this appeal.

(2.) O.P.No.875 of 2006 relates to grant of Probate in respect of the last will and testament of deceased Dr.S.V.Rajalakshmi. The testatrix S.V.Rajalakshmi died on 18.1.2004 and was a spinster in her life time and she did not leave behind any Class I heirs. The deceased was survived only by Class II legal heirs. The parties are related to testatrix Dr.S.V.Rajalakshmi as under:

(3.) The 1st respondent filed O.P.No.875 of 2006 for grant of Probate in respect of the last Will and testament of deceased S.V.Rajalakshmi duly executed by her on 21.1.1994. It was stated that the testatrix executed the Will in the presence of witnesses N.Gunaseelan and D.Sundaramoorthy and the Will was registered on 21.1.1994 as a document No.5 of 1994 in the Sub-Registrar's Office, Adayar. In the said Will, the 1st respondent was appointed as the executor. In his capacity as sole executor appointed under the Will, the 1st respondent filed O.P.No.875 of 2006 for grant of Probate. In the said Probate, respondents 2 to 4 as well as the appellant were shown as the respondents. None of them have filed caveat or affidavit of objections in the probate proceedings. After recording evidence before the Master, O.P. was posted before the single Judge on 17.3.2008 and by the Order dated 17.3.2008, single Judge ordered grant of Probate in respect of the last will and testament of S.V.Rajalakshmi.