M. PATTAMMAL Vs. G. PARTHASARATHY

JUDGEMENT

(1.) Challenge in this Original Side Appeal is to the judgment and decree dated 20 -12 -2007 passed in T.O.S.No.23 of 2002 by the learned Single Judge of this court.

(2.) The respondents herein as petitioners have filed O.P.No.52 of 2002 under Sections 222 and 276 of the Indian Succession Act XXXIX of 1925 and subsequently, the same has been converted into T.O.S.No.23 of 2002 wherein the present appellant has been shown as sole defendant.

(3.) The material averments made in the plaint can be summarized as follows: The plaintiffs and defendant are the sons and daughter of one Govindan and he voluntarily executed a Will, dated 06 -07 -1990 in favour of the plaintiffs in respect of immoveable property mentioned therein. The said Govindan has passed away on 03 -02 -1993. After his demise, the Will, dated 06 -07 -1990 has come into effect. The deceased has not executed any Will in favour of anybody except the Will dated 06 -07 -1990. Under the said circumstances, the present suit has been instituted praying to grant the relief sought therein.