DHANAPAL Vs. SENJIVEL

JUDGEMENT

(1.) ANIM-adverting upon the order dated 1.4.2008 passed in C.M.A.No.17 of 2007 by the Subordinate Judge, Panruti, reversing the order dated 10.8.2007 passed in I.A.No,320 of 2006 in O.A.No,81 of 2006 by the District Munsif, Panruti.

(2.) A 'resume' of facts, which are absolutely necessary and germane for the disposal of the civil revision petition, could be portrayed thus: The revision petitioner/plaintiff filed the suit O.S.No,81 of 2006 seeking the following reliefs based on the 'Will' executed by his father in his favour:

(3.) THE learned counsel for the respondent/defendant also would submit that already a suit for partition has been filed the 'Will' dated 11.9.2003, which the petitioner/plaintiff relies on, emerged in dubious circumstance, as after the cancellation of the earlier 'Will' dated 22.12.1989, as per the cancellation deed dated 15.2.1996 the testator, i.e. the father of the parties, namely, Kaliaperumal, died on 20.9.2006, shortly after the emergence of the said new 'Will' dated 11.9.2003, in favour of the petitioner/plaintiff.