P. CHITRA Vs. S. GANGADHARAN

JUDGEMENT

(1.) The above Original Side Appeal has been preferred against the order and decree in O.P.No.577 of 2008 dtd. 14/6/2011. The 4th respondent in the Original Petition is the appellant herein.

(2.) The 1st respondent filed the said Original Petition for grant of probate of the last Will and testament dtd. 20/11/1992 executed by his father, Srinivasa Rao, who had died on 15/2/2006, leaving behind his sons Prabhakar Rao, Ratnakar, respondents 2 and 3 and legal heirs of a pre-deceased son, S.Diwakar, being respondents 4 to 6, being the Class I legal heirs of Late S.Srinivasa Rao.

(3.) On receipt of notice from the Court in the original proceedings, the appellant appears to have filed a caveat intending to oppose the grant of probate sought for by the 1st respondent. The said caveat was lodged on 3/2/2009. An affidavit of objections supporting the caveat also appears to have been filed and returned on 4/2/2009. However, the Registry has returned the affidavit of objections also on 2/3/2009 and admittedly both the caveat and affidavit of objections never came to be represented. In this backdrop, the parties proceeded with the matter before the Court.