M. Ponmozhi And 2 Others v. M. Alli And Another

A.No.2881 of 2025 in C.S.No.344 of 2014 C.V.KARTHIKEYAN, J.

This application has been filed by the plaintiffs seeking return of the document which had been filed along with the application in A.No.2454 of 2024, but it was not marked as a document during the course of the trial. It is now sought that the document may be returned back to the applicants. The said document is the Will dated 27.12.2007.

2. A counter had been filed on behalf of the second defendant. The learned counsel contended that neither in the plaint nor in any of the proceedings, the Will had been put forth. It is therefore contended that further rights would be created by the applicants on the basis of the said Will.

3. The Will is only a piece of paper and remains as a document and only when it obtains the stamp of approval of the Court, it would become a document of relevance. The second defendant can always participate in the proceedings, if the Will is produced in any proceedings before this Court. https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

gsk Till such time, the Will remains as a paper. It had not been probated nor granted any affirmation by the Court. It would be extremely inappropriate, if any further observation is made on the said document at this stage.

4. This application is only for seeking return of the document simpliciter. Hence, permission is granted and this application is allowed. The learned counsel for the plaintiffs may obtain return of the document by giving necessary acknowledgment to the Registry. 08.07.2025 gsk A.No.2881 of 2025 in C.S.No.344 of 2014 https://www.mhc.tn.gov.in/judis