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2025 DAILYLAW 8906 (MAD)

JEYAM v. Rajeswari

CMP(MD)/12387/2025 · 2026-07-22

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.M.P(MD)No.12387 of 2025 in S.A(MD)No.252 of 2025 T.V.THAMILSELVI, J. This petition is filed to summon the original Will dated 27.08.2001 is marked as Ex.A.1 in O.S.No.676 of 2001 on the file of the I Additional District Munsif, Madurai Town, which is currently available at the Principal Subordinate Court, Madurai in A.S.No.18 of 2021 pending disposal of the above appeal. 2.Heard. 3.The learned counsel for the petitioner submitted that there are material discrepancies in the Will, which require careful consideration by this Court. According to the learned counsel, these discrepancies cast serious doubt on the genuineness of the Will. 4.The learned counsel for the respondent raised a strong objection, contending that the Will had been duly proved before the trial Court in the manner known to law. He further submitted that, in the circumstances of the case, there was no necessity to call for the https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J. Ns original Will before the Court below. Considering the rival submissions, this Court finds that the execution of the Will dated 27.08.2001 is seriously in dispute. The appellant has questioned the genuineness of the original Will and has advanced submissions challenging its due execution and validity, which require consideration by this Court. 5.Considering the facts and circumstances of the case and in the interest of justice, this petition is allowed. The trial Court is directed to send the original Will in accordance with the procedure known to law, to enable the petitioner to produce the same before the appellate Court. 22.07.2026 Ns C.M.P(MD)No.12387 of 2025 in S.A(MD)No.252 of 2025 https://www.mhc.tn.gov.in/judis