PARTHI BALAIAH CHETTY Vs. D KRISHNA RAO

JUDGEMENT

(1.) O. P. NO. 92 of 2007 has been filed under Section 232 and 276 of the Indian Succession Act for the grant of Letters of Administration with the Will of the deceased Thallam Leelavathi. O. P. was filed by Patthi Balaiah Chetty, the brother of the deceased testatrix. But he passed away resulting in his children, who were respondents 1 to 4 being transposed as petitioners 2 to 5, by virtue of an order passed on 9. 1. 2007 in Application No. 10 of 2007 in O. P. Diary No. 13069 of 2006. The original petition itself was numbered only af?ter such transposition.

(2.) AFTER evidence was taken in the original petition, it was represented that a caveat had been filed by a group of persons through their power agent by name Munaga Sukumari. However, the petitioners in the original peti?tion filed an application in O. A. No. 3055 of 2007 praying for rejecting the caveat on the ground that the caveat had been filed under Section 148-A C. P. C. and it was not in accor?dance with Form No. 69 under the Indian Succession Act. In view of the said objections, the caveators withdrew the earlier caveat and filed a fresh caveat in Form No. 69. Therefore, Ap?plication No. 3055 of 2007 has virtually become infructuous. Therefore, it is closed.

(3.) THE second caveat was admittedly filed in Form No. 69. Therefore, the petitioners in the original petition have come up with a fresh application for discharging the caveat in Application No. 3644 of 2087. The caveat is sought to be discharged on the following three grounds namely: