ABHIYANTHA SUREKA Vs. N.ASHISH KARWA

JUDGEMENT

(1.) This Civil Miscellaneous Second Appeal has been filed against the Judgment and Decree passed in C.M.A.No.8 of 2014 on the file of Principal District Judge, Tuticorin dated 27.04.2015 confirming the order passed in R.P.O.P.No.179 of 2012 on the file of Subordinate Judge, Tuticorin dated 24.01.2014.

(2.) The appellant is the respondent in R.P.O.P.No.179 of 2012. The respondent is the petitioner in R.P.O.P.No.179 of 2012. The appellant herein filed Probate O.P.No.16 of 2007 before the Sub Judge, Thoothukudi and she obtained an order on 28.07.2007.

(3.) The case of the petitioner in R.P.O.P.No.179 of 2012 is as follows: Minor.Abhiyantha Sureka, has filed a Probate O.P.No.16 of 2007 on the file of the Sub Judge, Thoothukudi in respect of a Will, dated 06.06.2006 and the petition was allowed on 27.08.2007. The respondent herein has filed a petition in R.P.O.P.No.179 of 2012 to reopen the O.P. proceedings in Probate O.P.No.16 of 2007 and to revoke the Probate granted to the petitioner/ appellant herein. The Subordinate Judge, Thoothukudi allowed the petition in R.P.O.P.No.179 of 2012 and revoked the order passed in Probate O.P.No.16 of 2007. Aggrieved by that order, the appellant preferred an appeal before the learned Principal District Judge, Thoothukudi, where the appeal was dismissed, against which the appellant has preferred this Civil Miscellaneous Second Appeal.