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Madras High CourtCRP/6291/2025dismissed

Subbulakshmi Alias Kannamal v. Meenakshi

2025-12-11Honourable Mr.Justice S. Sounthar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR CRP.No.6291 of 2025 and CMP.No.31214 of 2025 Subbulakshimi @ Kannamal ... Petitioner Vs.

1. Meenakshi

2. Samiyathal

3. Palanisamy

...Respondents

PRAYER :Civil Revision Petition filed Article 227 of Constitution of India, praying to set aside the impugned order dated 09-07-2025 in IA.No.1 of 2020 in AS.No.67 of 2018, on the file of the Learned I Addl.Dist.Judge, Erode. For Petitioner : Mr.M.Rajeswaran

ORDER

The Civil Revision Petition is filed challenging the order passed by the First Appellate Court dismissing the application filed by the petitioner seeking comparison of the disputed Will dated 26.06.2001 with the signature of the 1/3

testator found in admitted Settlement Deed dated 01.08.1988.

2. The First Appellate Court dismissed the application filed by the petitioner mainly on the ground that the petitioner failed to produce contemporaneous document and the time gap between the admitted document and the questioned document is more than 13 years.

3. It is settled law that comparison shall be done only with the contemporaneous document. When the time gap between the admitted document and the questioned document is more than 13 years, we cannot consider the admitted document as a contemporaneous document. I do not find any error in the order passed by the first appellate court. Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

11.12.2025 Index : Yes / No Internet : Yes / No nr To The I Additional District Judge, Erode.

2/3

S.SOUNTHAR , J.

nr CRP.No.6291 of 2025 and CMP.No.31214 of 2025 11.12.2025 3/3