PUSHPA CHARLES Vs. MICHAEL NICHOLAS

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed under Section 384 of the Indian Succession Act 1925 ('the Act' for brevity) against the order dated 1/8/2002 passed by the Principal District Judge, Ranga Reddy in O.P.No.1214 of 1998.

(2.) Respondent No.1-Michael Nicholas is the petitioner in O.P.No.1214 of 1998. The appellant is the 5th respondent in the said O.P. The respondents 2 to 6 herein are the respondent Nos.1 to 4 and 6 in the said O.P.

(3.) For the sake of the convenience, the parties are referred to as they are arrayed in O.P.No.1214 of 1998. Charles Nicholas was an Audit Inspector in APSRTC. The 5th respondent Smt Pushpa married Charles Nicholas, the brother of the petitioner, on 11th January 1982. She was an employee in Mysore University as on the date of marriage and even after the marriage, she continued to stay at the place of her employment. According to the petitioner, Smt Pushpa Charles deserted Charles Nicholas on 5-3-1985 and has been living at Mysore. Charles Nicholas underwent operation for his Edenocarcinoma Prostrate and Renal failure. During that period, the petitioner being his elder brother took care of him. Smt Pushpa never came to Hyderabad to look after the welfare of Charles Nicholas. Smt Pushpa has no issues out of the wedlock. Charles Nicholas being an employee of APSRTC has to get various service benefits from his employer. He suffered from prostrate cancer and took treatment in Nizam Orthopedic Hospital, Hyderabad. He executed a Will on 26-12-1996 in the presence of an Advocate and Notary by name P.V.Rajender Prasad and two attestors namely' V. Manoranjan Das and Sri N. Jayashankar in sound disposing state of mind. As per the Will, he bequeathed all service benefits and other benefits in favour of the petitioner and they are:-