Court granted transfer of a partition suit to be tried along with a testamentary original suit where parties, property, and issues were identical, ensuring justice and preventing conflicting findings on testamentary entitlements.
OS.No.1152 of 2018 to be transferred for trial along with TOS.No.12 of 2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.8495 of 2019 in TOS.No.12 of 2019
A.No.8495 of 2019 in TOS.No.12 of 2019
K.KALYANASUNDARAM, J
This application has been filed seeking transfer of OS.No.1152 of 2018 pending on the file of the 19th Additional City Civil Court, Chennai to be tried along with TOS.No.12 of 2019.
for partition. After institution of the suit, the respondents filed OP.No.841 of 2018 for probate of the Will dated 21.04.1998. Since a Caveat petition was filed in OP.No.841 of 2018, it was converted as TOS.No.12 of 2019 and the same was pending.
A.No.8495 of 2019 in TOS.No.12 of 2019
of the Will by their father. It is further contended that the suit was filed on the basis that there was no testamentary dispossession, but on the contrary the respondent has claim the right based on the registered Will. Hence, this application
is to be dismissed.
Will. The finding in the Testamentary Original Suit would have bearing on the right of the applicants in the partition suit. Admittedly, the parties to the suit and Testamentary Proceeding and the property are one and the same. Hence, in the
interest of justice, the suit filed by the applicants in OS.No.1152 of 2018 shall be transferred to be tried along with TOS.No.12 of 2019.
20.11.2019
KMI
A.No.8495 of 2019 in TOS.No.12 of 2019
K.KALYANASUNDARAM, J
KMI
A.No.8495 of 2019
in
TOS.No.12 of 2019
20.11.2019
1 issue framed by the court
Whether a partition suit should be transferred to be tried along with a testamentary original suit involving the same parties and property in the interest of justice.
Applicants
Respondent
K.KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
