V R ANUSUYA DEVI Vs. R BHARATHY

JUDGEMENT

(1.) The appeal is directed against the impugned order of the learned Single Judge dated 20.01.2016 rejecting Application No.3553 of 2015 filed by the appellants for condonation of delay of 1573 days in filing the application to set aside the ex parte judgment and decree dated 01.12.2010 passed in T.O.S.No.11 of 2008.

(2.) The appellants are the progenies of the testatrix who is stated to have executed the last Will and Testament dated 29.07.2005 in respect of her properties. The Will is duly registered. The testatrix died on 07.02.2006.

(3.) The appellants and other legal heirs were all served and lodged caveat and thus, the original petition was converted into a T.O.S. on 20.03.2008. The appellants entered appearance through counsel, but chose not to file their written statement for nearly two years and consequently, were proceeded ex parte. Thereafter, the Executor of the Will was examined as P.W.1 and the Attestor of the Will as P.W.2 with the original Will being marked as Ex.P-1. The Court, after satisfying itself about the veracity of the Will, passed an ex parte decree dated 01.12.2010.