SARADA @ NAGAMMAL Vs. DHANASEKARAN

JUDGEMENT

(1.) The Judgment and Decree passed in A.S.No.9 of 2011 dated 30.09.2011 is sought to be set aside in the Civil Miscellaneous Appeal.

(2.) The appellants are the plaintiffs, who instituted a suit for declaration and recovery of possession based on the three Wills marked as documents in the suit. The suit was decreed in favour of the appellants by the trial Court and in the first appeal, the Appellate Court remanded the matter back to the trial Court for verification of the thumb impression of the executor of the three Wills.

(3.) The learned counsel for the appellants reiterated that the appellants had established the genunity of the Will before the trial Court and the signature of the executants were also verified and adecree was passed in favour of the appellants. Thus, the first Appellate Court has committed an error in remanding the matter back to the trial Court for verification of the signature of the executor of the Will. The learned counsel for the appellants further contended that the signature was admitted during the trial and the suit was decreed in favour of the appellants. While so, there is no valid reason for the first Appellate Court to remand the matter back to the trial Court.