The O.P.No.699 of 2011 filed by the petitioner for grant of probate in the matter of last Will and Testament of the deceased Suriya Moorthy dated 29.09.1989 has been converted as the suit in TOS.No.4 of 2015.
2.The defendants, despite service of notice, have not been contested the claim of the petitioner/plaintiff and accordingly, set ex-parte.
3.In support of the plaintiff's case, the plaintiff himself examined as PW1 and Exs.P1 to P8 were marked. To establish the authenticity of the Will, Mr.D.Raghuraman, has been examined as PW2.
4.In support of the plaintiff's case, the evidence adduced by PWs.1 and 2 remain uncontroverted. Further, the claim of the plaintiff has also been established by PW1 & 2.
5.Considering the evidence of PW1 & 2 and Exs.P1 to P8, it is found that the plaintiff is entitled to seek probate of the Will in question, as prayed for. Accordingly, the plaintiff is entitled to seek probate of the Will as prayed for.
6.In the result, the suit is decreed as prayed for in favour of the plaintiff. Registry is directed to grant probate of the Will after completing necessary formalities.
09.03.2017 Index:Yes/no dn T.RAVINDRAN.J dn T.O.S.No.4 of 2015 09.03.2017 http://www.judis.nic.in