TRUSTEES CO. LTD Vs. ASHOK RAJU SHETTY

JUDGEMENT

(1.) By This Chamber Summons, Defendant Nos,. 4 And 5 Seeks permission to examine Dr. Shri. R.V. Adyanthaya who had alleged to have examined deceased at the time of execution of the Will of the deceased and who had alleged to have put signature on the Will dated 9th August, 1995. Defendant nos. 4 and 5 are claiming to be the beneficiaries under the alleged Will dated 9th August, 1995 executed by the deceased testator.

(2.) Petitioners Who Are appointed as executors of the Will left by the deceased filed testamentary petition in this court (308 of 1997) inter alia praying for probate of the said will dated 9th August, 1995. The caveator filed caveat and affidavit in support. Testamentary petition was converted into suit. Defendant nos. 4 and 5 are claiming to be beneficiaries under the said will and are supporting the petitioners.

(3.) Petitioners examined five witnesses. On 1st December, 2009, defendant nos. 4 and 5 made statement that they were not intending to file any written statement as they were supporting the petitioner/plaintiff. On 20th December, 2010, this court recorded statement of the defendant nos. 4 and 5 through their learned senior counsel that defendant nos. 4 and 5 support petitioner/plaintiff and shall not lead any evidence. On 21st March, 2011 by an order passed by R.Y. Ganoo,J., it was observed that the witnesses examined by the plaintiff/petitioner does not prove that there was evidence as to who had incorporated the figures in the will in question and that omission was material omission in the matter of proving the document of Will. It was observed that on the basis of the evidence placed before this court, plaintiffs/petitioners had failed to prove the document of Will as having been duly executed on 9th August, 1995 by the testator and accordingly the said will could not be marked as exhibit and it continues to be marked as X2 for identification. This court directed the matter to be placed on board for arguments.