Allowed

A.H.Krishnamoorthy v. S.N.Balaraman(deceased)

Madras HC4 Sept 2017A/2474/2017

Case brief

AI extract

What is this about?

The court allowed two applications to bring legal heirs of deceased parties (S.N. Balaraman and T.R. Saroja) on record as defendants in a testamentary suit, advising the plaintiff to amend the plaint.

What did the court decide?

Both applications (A.Nos. 2474 and 3596 of 2017) were allowed to bring legal heirs of deceased respondents on record as additional defendants; plaintiff directed to amend plaint by 20.09.2017.

A.H.Krishnamoorthy Vs S.N.Balaraman(deceased) — Succession and Inheritance | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(TESTAMENTARY AND INTESTATE JURISDICTION)

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MONDAY, THE 04TH DAY OF SEPTEMBER 2017

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THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN

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A.Nos.2474 and 3596 of 2017 in T.O.S.No.29 of 1997

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In the matter of the Indian Succession Act XXXIX of 1925; AND In the matter of the last Will and Testament of S.S.Baggiammal.

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A.H.Krishnamoorty, S/o.A.R.Hanumanthaiyer, Old No.35, New N.14, Salai Street, Mylapore, Chennai-600 004.

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...Plaintiff

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-Vs-

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1.S.N.Balaraman No.39, Manicka Chetty Street, Chennai-600 112.

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2.T.R.Saroja, No.2, Pillayar Kovil Street, Walltax Road, Chennai-600 003. ...Defendants

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A.No.2474 of 2017:-

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A.H.Krishnamoorty, S/o.A.R.Hanumanthaiyer, Old No.35, New N.14, Salai Street, Mylapore, Chennai-600 004. ...Applicant/Plaintiff

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-Vs-

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1.S.N.Balaraman (Deceased)

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2.T.R.Saroja (deceased)

3.S.R.Sridhar

4.S.R.Baskar

5.S.R.Gnanesh

6.S.R.Suresh,

3 to 6 sons of S.S.RamaKoti, All residing at New No.15, Old No.26, Pillayar Kovil Street, Walltax road, Chennai-600 003.

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...Respondents/Defendants Proposed parties 3 to 6

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Application praying that this Hon'ble Court be pleased to subsuite the 3 to 6 respondents 1.S.R.Sridhar 2.S.R.Basjar 3.S.R.Gnansh 4.S.R.Suresh All sons of S.S.Ramakoti, in the place of the deceased S.N.Balaraman the 1^st Defendant, as defendants 3 to 6 in the above suit.

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A.No.3596 of 2017:-

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A.H.Krishnamoorty, S/o.A.R.Hanumanthier Old No.35, New N.14, Salai Street, Mylapore, Chennai-600 004.

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...Applicant/Plaintiff

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-Vs-

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1.S.N.Balaraman (deceased)

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2.T.R.Saroja, (deceased)

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3.T.R.Mothilal S/o.Ramamurthy Old No.18 A, Manicka Street, Chennai-600 112.

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4.J.S.Girija, W/o.Sridharan, D/o.Ramamurthy, No.176^th Street, Muthtamil Nagar,

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Kodugaiyur, Chennai-600 118.

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5.N.P.Shanthi, W/o.Premkumar, D/o.Ramamurthy, Srinivasa Nagar, Madurai.

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Respondents/Defendants-Proposed Lrs of the Defendants 2.

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Application praying that this Hon'ble Court be pleased to bring on record the Respondents 3 to 5 namely 3.T.R.Mothilal son of Ramamurthy, 4.J.S.Girija wife of Sridharan and daughter of Ramamurthy, 5.N.P.Shanthi wife of Premkumar and daughter of Ramamurthy the legal heirs of deceased T.R.Sarojini the 2^nd Defendant as defendants 7 to 9 in the above suit.

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This application coming on this day before this court for hearing the court made the following order:

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A.No.2474 of 2017 has been filed since the first defendant in TOS No.29 of 1997, S.N.Balaraman died for a prayer to bring on record his legal heirs S.R.Sridhar, S.R.Baskar, S.R.Ganesh and S.R.Suresh as defendants 3, 4, 5 and 6.

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A.No.3596 of 2017 has been filed since the second defendant in TOS.No. 29 of 1997, T.R.Sarojini died to bring on record her legal heirs T.R.Mothilal, J.S.Girija and N.P.Shanthi as defendants 7, 8, and 9.

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Learned counsel had also filed vakalat on behalf

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of the proposed defendants, but unfortunately, it was returned. However, since the status of the proposed

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defendants has not been challenged and since the Testamentary Original Suit is of the year 1997, to ensure that further progress is made, both the applications are allowed.

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Learned counsel for the plaintiff in T.O.S.No.29 of 1997 is directed to carry out the amendment and file amended plaint copy in T.O.S.No.29 of 1997 by 20.09.2017.

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Call on 20.09.2017.

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//Certified to be a true copy// Dated this the day of 2016.

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EM/06.09.2017 COURT OFFICER

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From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

A.H.Krishnamoorthy v. S.N.Balaraman(deceased)

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A.H.Krishnamoorthy v. S.N.Balaraman(deceased)

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