(N.V. Ramana and Mohan M. Shantanagoudar, JJ.)
S. Thirugnana Sambantham _________________________ Appellant
v.
Sundaramoorthy _________________________________ Respondent
Civil Appeal No(s). 2814/2009, decided on July 12, 2018
The Order of the court was delivered by
Order
1. We have heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent and perused the Judgments of the Trial Court as well as the High Court.
2. The High Court, after taking into consideration the entire material on record, has rightly held that the second Will (Exhibit B‘17’) is genuine and all the alleged suspicious circumstances have been properly explained by the said Court.
3. Taking into consideration, the custom of that ‘Mutt’, to appoint ‘Bharmacharis’ to the Peetam, which is upheld, also legitimizes the second will, which is in favor of the respondent, as a genuine instrument. In this light, we see no reason to interfere with the well-considered judgment of the High Court.
4. Accordingly, the appeal is dismissed.
Civil Appeal No(s). 2814/2009
S. Thirugnana Sambantham ___________________________ Appellant
v.
Sundaramoorthy ___________________________________ Respondent
Date : 12-07-2018 This appeal was called on for hearing today.
(Before N.V. Ramana and Mohan M. Shantanagoudar, JJ.)
For Appellant(s) Mr. B. Ragunath, Adv.
Mr. Sriram P., Adv.
Mr. Vijay Kumar, AOR
For Respondent(s) Mr. T. Harish Kumar, AOR
UPON hearing the counsel the Court made the following
ORDER
5. The appeal is dismissed in terms of the signed order.
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