M RAMANATHAN Vs. N M NARAYANAN @ MTUHUCARUPPAN

JUDGEMENT

(1.) This petition has been filed to condone the delay of 734 days in filing the O.S.A. In the affidavit filed in support of the petition to condone the delay, health grounds have been stated to be the reason for the delay. This petition has been vehemently opposed by the respondents on the ground that there are absolutely no materials to show that the 2nd and 3rd petitioners were seriously ill and the 1st petitioner was attending to the health of his mother-in-law who was also stated to be seriously ill.

(2.) We have gone through the averments made in the affidavit and also heard the respective counsels. We thought that we will take up the main O.S.A itself for final hearing on merits along with the condone delay petition and we requested the learned counsel on either side to address their arguments on the merits of the case apart from the condone delay petition, so that we can effectively dispose of the main case itself which was filed for issuing Letters of Administration to the respondents under the Registered Will dated 31.10.2003.

(3.) The respondents filed O.P.No.452 of 2010 for grant of Letters of Administration on the ground that their father late Muthukaruppan Chettiar has left behind a Will dated 31.10.2003 in and by which he has bequeathed the suit property in favour of the respondents. The said late Muthukaruppan Chettiar died on 04.02.2008. Subsequent to his death, the respondents filed the said petition for grant of Letters of Administration.