The High Court of Madras passed a judgment on 28.04.2023 stating that When the Will had been proved and that the appellant had lost her right to contest the Original Petition.It was stated in the case of P.Chitra Vs. S.Gangadharan & Ors. (O.S.A.No.248 of 2012 & M.P.No.1 of 2012) which was passed by the single judge bench comprising of HONOURABLE JUSTICE S.S.SUNDAR AND HONOURABLE MR.JUSTICE P.B.BALAJI
FACTS OF THE CASE:
The 1 st respondent filed the said Original Petition for grant of probate of the last Will and testament dated 20.11.1992 executed by his father, Srinivasa Rao, who had died on 15.02.2006, leaving behind his sons Prabhakar Rao, Ratnakar, respondents 2 and 3 and legal heirs of a pre-deceased son, S.Diwakar, being respondents 4 to 6, being the Class I legal heirs of Late S.Srinivasa Rao. On receipt of notice from the Court in the original proceedings, the appellant appears to have filed a caveat intending to oppose the grant of probate sought for by the 1 st respondent. The said caveat was lodged on 03.02.2009. An affidavit of objections supporting the caveat also appears to have been filed and returned on 04.02.2009. However, the Registry has returned the affidavit of objections also on 02.03.2009 and admittedly both the caveat and affidavit of objections never came to be represented. In this backdrop, the parties proceeded with the matter before the Court.
JUDGEMENT OF THE CASE
The learned Single Judge has considered all these material aspects in coming to the conclusion that the Will had been proved and that the appellant had lost her right to contest the Original Petition. This Court does not find any justifiable reason whatsoever for disagreeing with the findings of the learned Single Judge.In fine, the Original Side Appeal stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
