R JANAKI Vs. J MOHANASUNDARAM

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties.

(2.) THE present appellants had filed O.P.No.414 of 2004 for issuance of Letters of Administration in respect of the Will allegedly executed by Kanniammal on 31.8.2000. THE present Respondents 1 to 3 have filed caveat petitions in the said proceedings. At that stage, the present appellants had filed Appln.No.310 of 2005 to reject such caveat petitions on the ground that they had no caveatable interest. Such Appln.No.310 of 2005 having been rejected, the present appeal has been filed.

(3.) THE present appellants filed Appln.No.310 of 2005 for discharging the caveat on the ground that the caveators, who are claiming on the basis of the deeds of settlement which have been subsequently revoked, cannot succeed to the property as they cannot be considered as heirs even if the Will fails and, therefore, the caveat should be discharged.