P P R VISWANATHAN Vs. INDUMATHI

JUDGEMENT

(1.) Originally, OP.No.73 of 2009 had been filed by two Petitioners, P.P.R.Viswanathan and K.Subramania Mohan, seeking probate of the last Will dated 14.12.2001, registered as Document No.111 of 2001 in the Office of the Sub Registrar, T.Nagar, Chennai, executed by Voora Sri Devamma and a Codicil was also executed by the same Testatrix , dated 14.1.2008.

(2.) Voora Sri Devamma died on 11.5.2008. She was the second wife of Voora Sri Ramulu Chetty, who died on 16.01.1941. Voora Sri Ramulu Chetty's first wife's daughter is P.Andalamma. P.Andalamma's son, Abiramudu was adopted by the Testatrix. However, he predeceased P.Andalamma and died as a bachelor on 11.6.1950. The Petitioners are the sons of sister and brother of the Testatrix. The 1st Respondent in the OP was the Managing Trustee of Voora Sri Ramulu Chetty Charities at No.86 (201), Govindappa Naicken Street, Chennai-1. The Respondents 1 to 6 in the OP were other children of the brother of the Testatrix . They had all given consent for grant of probate. Consequently, this Court had also passed orders granting probate by judgement dated 18.4.2009.

(3.) Thereafter, the other legal heirs of P.Andalamma had filed A.No.6575 of 2009, seeking to revoke the grant of probate. This Court, by order dated 16.6.2011, had allowed the said application and directed that the Will and Codicil of late Voora Sri Devamma must be proved in a manner known to law and converted the OP.No.73 of 2008 into TOS. Accordingly, TOS.No.18 of 2013 came into existence and the Plaintiffs in the said TOS were the two Petitioners, namely, P.P.R.Viswanathan and K.Subramania Mohan. There were originally five Defendants and the 2nd Defendant died pending the proceedings and his legal representatives were brought on record as the Defendants 3 to 8. The 4th Defendant also died during the proceedings and the 9th Defendant was brought on record.