SUDHA UMASHANKAR Vs. DR.LAKSHMI JAYAKUMAR

JUDGEMENT

(1.) We have heard the detailed submissions of Mr.R.Parthasarathy, learned Senior Counsel, appearing for Ms.Deepika Murali, learned counsel on record for the appellant and Ms.Chitra Sampath, learned Senior Counsel, appearing for Mr.T.S.Baskaran, learned counsel on record for the respondents.

(2.) Shorn of unnecessary facts, the brief background necessary to enable us to dispose these appeals is as follows. Dr.A.S.Ramakrishnan had passed away on 3/4/2003. O.P.No.722 of 2004 had thus come to be filed by the appellant before us seeking Letters of Administration in terms of the Indian Succession Act, 1925, which stood converted into a Testamentary suit in T.O.S.No.10 of 2008. Trial is on-going in the T.O.S.

(3.) The claim of the appellant is that said Dr.Ramakrishnan, her father, had executed a Will dtd. 29/7/1987. While so, the respondents had filed an application in A.3640 of 2023 seeking appointment of an Advocate Commissioner to submit the Will dtd. 29/7/1987 (Ex.P1) for comparison of the signature thereupon with the signatures on Deeds of Declaration of Trust dtd. 16/3/1989 (Exs.D7 & D8 respectively), Partnership Deed dtd. 28/5/1990 (Ex.D9) and Release Deed dtd. 1/2/1971 (Ex.P6) to the Forensic Science Department, Chennai and for their expert report.