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Madras High CourtA/1535/2023ordered

L.M.Shantha Devi And 2 Others v. Mr.S.Sridhara Rao And 2 Others

2023-03-15Honourable Ms Justice R.N.Manjula2 pages

A.No.1535 of 2023 in T.O.S. No.18 of 2018 R.N.MANJULA, J.

This application has been filed to implead the applicants 1 to 3 as defendants 3 to 5 in the above suit.

2. The learned counsel for the applicants submitted that the proposed parties have got serious objections to grant probate for the unregistered Will dated 22.08.2012. The contention of the applicants is that there is a registered Will dated 03.07.2008 executed by the very same executant when she was in sound disposing state of mind. Even though the applicants have engaged counsel to file their Caveat, the same was not filed. Since the applicants recently came to know that their Caveat was not filed, they come forward with this application to implead themselves as parties and to participate in the proceedings.

3. The learned counsel for the first respondent / plaintiff has not filed any objection.

4. Taking into consideration of the submissions made by the learned counsel for the applicants, in the interest of justice and in order to dispose the matter in the presence of all the necessary parties, this application is allowed.

5. Registry is directed to carry out the necessary amendments in the above suit and list the same on 29.03.2023.

15.03.2023 bkn https://www.mhc.tn.gov.in/judis

R.N.MANJULA, J.

bkn A.No.1535 of 2023 in T.O.S. No.18 of 2018 15.03.2023 https://www.mhc.tn.gov.in/judis