V MOHANAN Vs. ESTATE OF E NARAYANAN

JUDGEMENT

(1.) THIS Original Side Appeal is filed as against the order dated 24.9.2007 passed by the learned Single Judge, allowing the Application No.5516 of 2007, filed by respondents 1 to 4 herein as third parties to implead them as defendant Nos.4 to 7 in Testamentary Original Suit No.17 of 2001 filed by the appellants herein against respondents 5 and 6.

(2.) THE brief facts which are necessary to decide the issue involved in this appeal are as follows: THE appellants herein, who are the sons of one Venu Pandithar, initiated the proceedings in O.P.No.956 of 2000 under the Testamentary and Intestate jurisdiction of this Court for grant of Letters of Administration, pursuant to the Will dated 21.1.1976 executed by one Vaduvambal who had died on 23.1.1989. According to the appellants, the entire property situate at Municipal New Door No.725, corresponding to the Old No.271, Thiruvotriyur High Road, Chennai, originally belonged to the testatrix of the Will dated 21.1.1976 viz., Vaduvambal and her sister Padmavathi Ammal.

(3.) PER contra, it was contended by the appellants herein by filing a counter that respondents 1 to 4 have no cavetable interest in the estate of the late Vaduvambal. Further, the deceased E.Narayanan claims to have purchased only the alleged share of the late Padmavathi Ammal from respondents 5 and 6 herein. So, the respondents 1 to 4, who are the legal representatives of the deceased E.Narayanan cannot claim a right or a share in the estate of the late Vaduvambal, which is the subject matter of the proceedings in T.O.S.