PONMANI Vs. MARIAMMAL (DIED)

JUDGEMENT

(1.) The 3rd defendant in the suit has filed this revision petition. The respondents 1 and 2 are the plaintiffs in the suit.

(2.) The 1st respondent died, during the pendency of I.A. No. 312/2007 filed before the lower appellate court. The respondents 2, 10 and 11 were already on record as legal representatives of the deceased 1st respondent in the said interlocutory application. The respondents 3 to 10 remained exparte before the lower appellate court. Hence, notice to them has been dispensed with.

(3.) The plaintiffs filed the suit for declaration and injunction in respect of the suit property. The claim of the plaintiffs was based upon the registered will executed by Susai Antony [the father of the 1st plaintiff and brother of the defendants 1 and 2] dated 09.04.1986 which was marked as Ex.A8. The execution of Ex.A8 was not disputed by the defendants.