This judgment records the dismissal of a Testamentary Original Suit for grant of Letters of Administration with the Will annexed. The court dismissed the matter as withdrawn upon the plaintiff's memo stating the dispute had been settled.
The Testamentary Original Suit No. 16 of 2021 was dismissed as withdrawn. No costs.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION)
FRIDAY, THE 25th DAY OF JUNE 2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
TOS.No.16 of 2021
In the matter of the Indian Succession Act, XXXIX of 1925 and In the matter of Last Will and Testament of Pushpam Ammal – (Deceased)
Srinivasa Raghavan S/o. Late Krishnamurthy No.6, South Road, West CIT Nagar, Chennai 600 035.
..Petitioner/Plaintiff
-vs-
Premier Property Developments Pvt. Ltd., No.7, Karanan Street, Rangarajapuram, Kodambakkam, Chennai 600 024. (impleaded as 12th respondent in OP.No.660 of 2016 as per order dated 24.01.2019 and time extended on 08.04.2019 inn A.No.1235 of 2017) .. Caveator/Defendant
Testamentary Original Suit praying that this Hon'ble Court be
pleased to grant an Letters of Administration with the Will annexed to him as beneficiary of the Will of the said deceased having effect throughout the Madras state.
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This Testamentary Original Suit coming on this day before this
court for hearing in the presence of Mr.C.P.Sivamohan, Advocate for the
plaintiff herein and Mr.T.S.Baskaran, Advocate for the Defendant herein
and upon reading the petition/plaint and memo 23.06.2021 filed herein,
it is ordered as follows:-
That the TOS.No.16 of 2021 be and is hereby dismissed as withdrawn.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 25th DAY OF JUNE 2021.
Sd./-
JOINT REGISTRAR (O.S) //Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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sk 25.08.2021
TOS.No. 16 OF 2021
ORDER :- DATED:25.06.2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 09.09.2021
APPROVED ON : 13.09.2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
T.O.S.No.16 of 2021
Srinivasa Raghavan
...Petitioner/ Plaintiff
.Vs.
Premier Property Developments Pvt. Ltd., No.7, Karanan Street, Rangarajapuram, Kodambammam, Chennai – 600024. ... Caveator/Defendant
[impleaded as 12th respondent in O.P.No.660 of 2016 as per order dated 24.01.2019]
PRAYER : Petition filed under Section 232 and 276 of the Indian Succession Act and Order XXV Rule 5 of the Original Side Rules for grant of Letters of Administration with the Will annexed. Against the petition a caveat was filed by the caveator, as per order of this Court dated 24.02.2021, the Original Petition No.660 of 2016 was converted into Testamentary Original Suit No.16 of 2021.
For Plaintiff : Mr.C.P.Sivamohan
For Defendants : Mr.T.S.Baskaran
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J U D G M E N T
The Original Petition was filed for grant of Letters of Administration with the Will annexed which has been converted as a Testamentary Original Suit, in view of the caveat filed by the 12th defendant herein.
2. The learned counsel for the plaintiff has filed a memo stating
that the matter has been settled and seeks to withdraw the Testamentary Original Suit. The memo is taken on record and the Testamentary Original Suit is dismissed as withdrawn. No costs.
Sd./-(R.S.M.J.,) 25.06.2021
List of the witnesses examined on the side of the plaintiff : Nil
List of Exhibits marked on the side of the plaintiff : Nil
List of the witnesses examined on the side of the defendants: Nil List of Exhibits marked on the side of the defendants: Nil
Sd./-(R.S.M.J.,)
25.06.2021
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) https://hcservices.ecourts.gov.in/hcservices/ From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether to admit the withdrawal of the petition for grant of Letters of Administration with the Will annexed.
Srinivasa Raghavan
Premier Property Developments Pvt. Ltd.
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
