N GOVINDARAJAN Vs. N LEELAVATHY

JUDGEMENT

(1.) THESE appeals arise out of the common Judgment and decree in T.O.S.No.43 of 2001 and Tr.C.S.No.899 of 2003 dated 07.10.2009 whereby the learned single Judge dismissed the suit T.O.S.No.43 of 2001 filed by the Appellant -Plaintiff declining to grant probate in respect of the suit property described in the Will dated 24.05.1995 executed by deceased N.Krishnamurthy appointing the Appellant as executor of the Will. By the same Judgment, learned Judge decreed the suit Tr.C.S.No.899 of 2003 granting permanent injunction against the Appellant from alienating/encumbering the suit property. Plaintiff in T.O.S.No.43 of 2001 and Defendant in Tr.C.S.No.899 of 2003 is the Appellant herein. For convenience, the parties are referred as per their array in T.O.S.No.43 of 2001.

(2.) 1st Defendant -1st Respondent is the wife of deceased N.Krishnamurthy. Plaintiff -Appellant is the son and Defendants 2 to 4 and one Vijayalakshmi are the daughters of deceased N.Krishnamurthy. The genealogy of deceased N.Krishnamurthy is as under: - <FRM>JUDGEMENT_2551_TLMAD0_2011.htm</FRM>

(3.) CASE of Plaintiff -Appellant is that his father deceased N.Krishnamurthy had executed his last Will and testament (Ex.P1) on 24.5.1995 at Chennai bequeathing his half share in the property bearing Door No.22/27, Krishna Rao street, T.Nagar, Chennai -17 infavour of Plaintiff. Plaintiff was appointed as executor under the Will dated 24.05.1995. Plaintiff being the executor of Ex.P1 -Will has filed O.P.No.583 of 2001 for grant of probate. Defendants 1 and 2 filed Caveat and hence O.P.No.583 of 2001 was converted as T.O.S.No.43 of 2001.