LAWS(MAD)-2023-4-59

D. HARISH Vs. CHAMPALATHA

Decided On April 28, 2023
D. Harish Appellant
V/S
Champalatha Respondents

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution through which the revision petitioners seek the setting aside of a compromise decree passed in O.S.No.189 of 2020 on the file of the IV Additional District and Sessions Court, Tiruvallur at Ponneri, as a product of fraud. The revision petitioners are not parties to the suit.

(2.) The dispute is a duel between the petitioners and the respondents over succession to the estate of certain Chakrapani. Neither side are his direct legal descendants, as Chakrapani and his wife Mythili died issueless. And, what is the source or basis of their claim? While the revision petitioners, who are nephews of Chakrapani (they being the children of his brother Dayalan) stake a claim to his estate based on his alleged Will dtd. 24/8/1979, their opponents, who are the children of Chakrapani's brother-in-law Gajapathi (brother of Mythili) assert title to the same estate on the basis of a registered Will dtd. 10/4/1980, said to have been executed by Chakrapani's widow Mythili. This is the setting. To this certain additional facts may be provided for completion of narration:

(3.) Contending that the decree obtained in O.S.No.189/2020 amounted to a deliberate act of fraud and deception played on the Court, Thiru. Arvind Pandian, the learned Senior Advocate for Thiru. C.V.Shailandhran, argued: