12 The learned Judge, after taking note of the rival submissions, found that the registered Will executed by the father of the appellant/plaintiff and the 1st respondent dated 02.09.1992, bequeathing the property in favour of the 1st respondent after giving life time interest in favour of his wife, viz., the 2nd respondent herein and further found that the copy of the order in HMOP No.3776/2009 also disclosed the fact that the decree for divorce was granted in her favour on 23.03.2010 and the appellant/plaintiff in IP.No.59/2009, also had stated that he is residing at Door No.69, New No.11, EVN Street, Erode-9 and in the divorce petition, the address for service is mentioned as if the appellant/plaintiff is residing in Pushpagiri Medical College and Hospital, Thiruvalla, Kerala and that his wife, viz., Dr.Kalaiselvi, is residing at AB-11, Second Avenue, Anna Nagar, Chennai-40. The learned Single Judge further found that admittedly, the appellant/plaintiff is now residing at Musct and though his wife has claimed that she is in possession of the Suit B-Schedule property, there is no documentary evidence in support of her case and further found that the truth and validity of the Settlement Deed can be gone into only during trial and dismissed the said application vide impugned order dated 13.02.2017 and challenging the legality of the same, the present appeal is filed by the appellant/plaintiff.
