Madras High Court

CRP/6574/2026 of V.Ganesan Vs Anthuvan Joseph Ravi Gerard on 16 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH

Civil Revision Petition No.6574 of 2026

and

C.M.P.No.28311 of 2026

CNR: {HCMA012419782026}

V.Ganesan

S/o.K.Venugopal

..Petitioner

Vs

1. Anthuvan Joseph Ravi Gerard

S/o.Gerard,

represented by his Power off Attorney,

R.Jothi S/o. Thiru.Ragavan

2. Nirmala

W/o.Siva

..Respondents

Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and final order dated 23-07-2026 passed in I.A.No.3 of 2026 in P.O.P.No.20 of 2021 on the file of the Principal District Judge, Puducherry, Puducherry State.

For Petitioner :

Ms.R.Hemalatha

For Respondents :

Mr.D.Ravichander [R2]

*****

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ORDER

This civil revision petition has been filed under Article 227 of the Constitution of India against the order dated 23-07-2026 passed in I.A.No.3 of

2026 in P.O.P.No.20 of 2021 on the file of the Principal District Judge, Puducherry, Puducherry State, wherein the application filed by the petitioner seeking a direction to the second respondent to produce the original Will dated 03.01.2007, came to be dismissed by the Court below.

2. Heard learned counsel on either side and carefully perused the materials available on record. This Court also went through the impugned order.

3. The petitioner has filed Probate O.P.No.20 of 2021 to grant probate in favour of the petitioner on the basis of a Will dated 12.01.2007, which is said to have been executed by the deceased Sami Joseph Abmiga @ Arokiyamary. During the pendency of this petition, the second respondent is said to have relied upon a Will dated 03.01.2007. Since the original Will was not produced, the petitioner filed I.A.No.3 of 2026 in P.O.P.No.20 of 2021 seeking a direction to the second respondent to produce the original Will dated 03.01.2007. The said application was dismissed by the Court below on the ground that in the present proceedings, the burden of proof is upon the petitioner to prove the Will for which the probate has been sought for and therefore, there is no requirement to direct the second respondent to produce the original Will. Aggrieved by the said order, the present revision has been filed.

4. In the considered view of this Court, the order passed by the Court below does not suffer from any perversity warranting interference of this Court. The petitioner has filed the petition to grant probate and the burden of proof is upon the petitioner to prove the Will as contemplated under Section 63 of the Indian Succession Act r/w Section 67 of BSA, 2023. There is no need for the petitioner to seek a direction to the second respondent to produce the original Will. In any event, it is brought to the notice of this Court that the Will relied upon by the second respondent has already been marked as Ex.R2 before the Court below. It is for the Court below to decide on the merits of the case and the order passed by the Court below does not warrant interference of this Court. Accordingly, this Civil Revision Petition is disposed of with a direction to the learned Principal District Judge, Puducherry, to dispose of P.O.P.No.20 of 2021 within a period of three (3) months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The Principal District Judge, Puducherry, Puducherry State.

N.ANAND VENKATESH, J. gm Civil Revision Petition No.6574 of 2026 16-10-2026

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