Kumar vs Vanitha

Court
Madras High Court

CRP No. 5539 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP Nos. 5539 & 6041 of 2026
CNR:{HCMA010685942026}
AND
CMP NO. 23908 OF 2026
& CMP NO. 26174 OF 2026
1. Kumar
S/o.Late.Vaithialingam,
No.55, Mariamman Koil Street,
Kilinjipuppam, Cuddalore District,
Tamil Nadu 605 110.
2. Selvam,
S/o Late Vaithialingam,
No.27, 1st Street,
Sakthi Nagar
Kottaimedu, Villianur,
Puducherry- 605 110.
..Petitioner(s)
Vs
1. Vanitha
D/o.S.Jayamourthy,
W/o.Late V.Kathiravan,
No.21, Pillaiyar Koil street,
Kombakkam, Odiampet Post,
Puduchery 605110
2. Likhitha (Minor)
(Rep.by her natural Guardian her mother the
Plaintiff herein)
residing at No.21,
Pillaiyar Koil Street,
Kombakkam,
Odiampet Post,
Puducherry- 605 110.
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CRP No. 5539 of 2026
..Respondent(s)
CRP No. 6041 of 2026
CNR:{HCMA010686342026}
1. Kumar
S/o.Late.Vaithialingam,
No.55, Mariamman Koil Street, Kilinjikuppam,
Cuddalore District,
Tamil Nadu 605110
2. Selvam
S/o.late Mr.Vaithialingam,
No.27,
1st Street,
Sakthi Nagar,
Kottaimedu,
Villianur,
Puducherry 605 110
..Appellant(s)
Vs
1. Vanitha
D/o.S.Jayamourthy, W/o.Late.V.Kathiravan
No.21
Pillaiyar Koil Street,
Kombakkam,
Odiampet Post,
Puducherry 605110
2. Likhitha Minor
Rep by her natural guardian her mother the 1st
plaintiff herein
D/o.late V.Kathiravan,
NO.21,
Pillayar Koil Street,
Kombakkam,
Odiampet Post,
Puducherry 605110
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CRP No. 5539 of 2026
..Respondent(s)
CRP No. 5539 of 2026
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of
India, to set aside the order dated 27.01.2026 passed in I.A.No.4 of 2025 in
O.S.No.271 of 2022 on the files of the III Additional District Judge At
Puducherry.
CRP No. 6041 of 2026
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of
India, to set aside the order dated 27.01.2026 passed in IA No. 5 of 2025 in OS
No. 271 of 2022 on the files of the III Additional District Judge at Puducherry.
For Petitioner(s): Mr.G.Sathishkumar for
Ms. GSK Law Firm
For Respondent(s): Mr.Prakash Adiapadam
ORDER
These Civil Revision Petitions have been filed under Article 227 of the
Constitution of India challenging the fair and decreetal order dated 27.01.2026
passed in I.A.Nos.4 & 5 of 2025 in O.S.No.271 of 2022 on the file of the III
Additional District Judge At Puducherry, wherein the applications filed by the
respondents/plaintiffs to reopen the case and to send the disputed Will for expert
opinion came to be allowed by the Court below.
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CRP No. 5539 of 2026
2.Heard the learned counsel for the petitioner and the learned counsel
appearing on behalf of the respondents and carefully perused the materials
available on record and this Court also carefully went through the order passed
by the Court below.
3.The respondents/plaintiffs filed the suit in O.S.No.271 of 2022 seeking
for the relief of partition and for allotment of 1/3rd share in the suit property and
for permanent injunction. The defendants had placed reliance upon a Will dated
06.08.2011, which was marked as Ex.B2. The respondents/plaintiffs seriously
disputed the genuineness of the said Will on the ground that the signature found
therein has been forged and that it was a fabricated document.
4.The suit reached the stage of final arguments and was reserved for
judgment and at that stage, IA Nos.4 and 5 of 2025 came to be filed before the
Court below to reopen the case and to send the disputed Will for expert opinion.
Both these applications came to be allowed by the Court below. Aggrieved by
the same, the present Civil Revision Petitions have been filed before this Court.
5.These Civil Revision Petitions were entertained mainly on the ground
that insofar as the Will is concerned, the burden of proof is always upon the
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CRP No. 5539 of 2026
person who relies upon the Will, not only to prove the Will but also to dispel all
suspicious circumstances that are raised and surrounding the Will. In view of
the same, a Will is never send for expert opinion, as is done for other
documents. The judgement of this Court in Periathal and Others vs. Gomathi
and Another reported in (2018) 3 MWN (Civil) 584 was relied upon.
6.When the matter was taken up for hearing today, it is brought to the
notice of this Court that a report has already been submitted before the Court
below.
7.In the light of the above development, it is not necessary for this Court
to go into the legality or otherwise of the order passed by the Court below. The
Court below should keep in mind the fact that insofar as the Will is concerned,
the Court has to entirely go by the evidence that has been let in before the Court,
both regarding the proof of Will as well as discharging the burden of dispel the
suspicious circumstances around the Will. This will be the main test that will be
applied by the Court below while testing the legality of the Will that was relied
upon by the defendants and which was marked as Ex.B2.
8.In the light of the above discussion, these Civil Revision Petitions are
disposed of with a direction to the III Additional District Judge, Puducherry, to
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CRP No. 5539 of 2026
dispose of the suit in O.S.No.271 of 2022, within a period of eight weeks from
the date of receipt of copy of this order. No Costs. Consequently, the connected
miscellaneous petition is closed.
30-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SSR
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CRP No. 5539 of 2026
To
The III Additional District Judge at Puducherry.
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CRP No. 5539 of 2026
N.ANAND VENKATESH J.
SSR
CRP Nos. 5539 & 6041 of 2026
AND CMP NO. 23908 OF 2026
& CMP NO. 26174 OF 2026
30-10-2026
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