Petitioner withdrawn testamentary suit seeking Letters of Administration with Will annexed. Pending property partition suit between parties settled by mutual compromise decree recorded by the Court.
T.O.S. No. 36 of 2009 dismissed as withdrawn; C.S. No. 1156 of 2009 decreed in terms of compromise.
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 INTESTINE JURISDICTION)
THURSDAY, THE 23RD DAY OF DECEMBER 2021
THE HON'BLE MR. JUSTICE N. SESHASAYEE
T.O.S.No.36 of 2009 and A.No.6266 of 2019
In the matter of the Indian Succession Act XXXIX of 1925 and In the matter of Last Will and Testament of K.Ramamoorthy IyerDeceased.
R.Sankaran, S/o. Late K.Ramamoorthy Iyer Represented by his wife and power of Attorney Mrs.S.Jayaree, Old No. 40, New No. 134, Pilliar Koil Street, Vadapalani, Chennai 26
....Plaintiff
-Vs.-
1.R.Srinivasan, S/o.Late K.Ramamoorthy Iyer, New No. 15, II Street, TNGO Colony Adambakkam, Chennai – 600 088.
2.S.Kamakshi W/o. R.S. Swaminathan No. 48/F2 , New Colony, Adambakkam Chennai – 600 088.
3.R.Viswanathan, S/o.Late K.Ramamoorthy Iyer, Old No. 6, New No. 13B, Postal Colony III rd Street, West Mambalam, Chennai 600 033.
4.V.Uma W/o. Vedaraman, 75 Jeevan Nagar Ist Street Adambakkam, Chennai 600 088.
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5.R.Gowri W/o. Rajagopalan New No. 87, Old No. 42, Ellaiamman Colony Vellala Teynampet, Chennai 600 018.
... Defendants
T.O.S.No.36 of 2009
Testamentary Original Suit praying that this Hon'ble Court be
pleased to grant of Letters of Administration with the Will annexed to S.Jayasree, the Power Agent of R.Sankaran, one of the sons / legatee named under the Will of the said deceased having effect limited to the State of Tamil Nadu for the use and benefit of her Principal limited until he shall obtain Letters of Administration granted to himself.
A.No.6266 of 2019
R.Sankaran,
Represented by his wife and power of Attorney Mrs.S.Jayaree, Old No. 40, New No. 134, Pilliar Koil Street, Vadapalani, Chennai 26 ....Applicant -Vs.-
1.R.Srinivasan,
New No. 15, II Street, TNGO Colony Adambakkam, Chennai – 600 088.
2.S.Kamakshi
No. 48/F2 , New Colony, Adambakkam Chennai – 600 088.
3.R.Viswanathan,
Old No. 6, New No. 13B, Postal Colony III rd Street, West Mambalam, Chennai 600 033.
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4.V.Uma,
75 Jeevan Nagar Ist Street Adambakkam, Chennai 600 088.
5.R.Gowri
New No. 87, Old No. 42, Ellaiamman Colony Vellala Teynampet, Chennai 600 018.
6. Mrs. Lakshmi
Respondents 6 & 7 are residing at 11/2. CPWD Quarters, Besant Nagar, Chennai.
...Respondents.
... Defendants Application praying that this Hon'ble Court be pleased to permit
the applicant herein to bring on record respondents 6 and 7 as Defendants 6 & 7 in the above T.O.S.
This Testamentary Original Suit and the application along with C.S.No. 1156 of 2009 having been heard on 02/11/2021 in the presence of Mr.P.B. Balaji, advocate for the plaintiff in T.O.S.No. 36 of 2009 and for the applicant in A.No. 6266 of 2019 and Mr.S.S.Raghavan, advocate for the defendants in T.O.S.No. 36 of 2009 and for the respondents in A.No. 6266 of 2019 and upon reading the petition filed in T.O.S.No. 36 of 2009 and the Judge's summons and the affidavit of R.Sankaran Filed in A.No. 6266 of 2019 and having considered the judgment delivered on the same day and coming on this day before this court 'for being mentioned' in the presence
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of the said advocates for the parties hereto and T.O.S.No. 36 of 2009 is
allowed to be withdrawn as per clause No.6 of the Joint Memorandum of Compromise dated 29.10.2021, it is ordered as follow:-
That the T.O.S.No. 36 of 2009, be and is hereby dismised as
withdrawn.
WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE,
CHIEF JUSTICE, HIGH COURT OF MADRAS AFORESAID, THIS THE
23RD DAY OF DECEMBER 2021
JOINT REGISTRAR (OS)
//Certified to be true copy// Dated at Madras this the day of 2022.
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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NS
22.11.2021
T.O.S.No.36 of 2009
and A.No.6266 of 2019
ORDER
DATED 23/12/2021 02/11/2021
THE HON'BLE MR.JUSTICE
N.SESHASAYEE
FOR APPROVAL: 01/04/2022
APPROVED ON: 05/04/2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2021
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
C.S.No.1156 of 2009
and T.O.S.No.36 of 2009 and A.No.6266 of 2019
1.R.Srinivasan 2.S.Kamakshi
3.K.R.Gopalan
4.R.Viswanathan
5.V.Uma
6.R.Gowri
7.V.Sumathi
... Plaintiffs in C.S.1156 / 2009
Vs.
1.R.Ramanathan 2.R.Sankaran
3.R.Swaminathan
8.Balasubramanian
9.Suseela
10.District Revenue Officer/ Project Implementation Officer Chennai Metro Rail Ltd 116, Seethammal Road, Alwarpet, Chennai.
... Defendants in C.S.1156/2009
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Prayer : The Civil Suit has been filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of C.P.C. 1908, praying to pass a decree and judgment in favour of the plaintiffs, declaring that the plaintiffs are entitled to 7/12th share and divide the property by metes and bounds and for costs.
For Plaintiffs : Mr.S.S.Raghavan
For Defendants : Mr.P.B.Balaji R.Sankaran ...Petitioner in T.O.S.36 of 2009
Vs.
1.R.Krishnaswamy 2.R.Srinivasan 3.S.Bhagyalakshmi 4.R.Ramanathan 5.S.Kamakshi 6.K.R.Gopalan 7.R.Viswanathan 8.R.Swaminathan 9.V.Uma 10.R.Gowri 11.V.Sumathi ...Respondents in T.O.S.36 of 2009
Prayer : The petition has been filed for grant of Letters of Administration with the Will annexed to S.Jayasree, the Power Agent of R.Sankaran, one of the sons / legatee named under the Will of the said deceased having effect limited to the State of Tamil Nadu for the use and benefit of her Principal limited until he shall obtain Letters of Administration granted to himself.
For Petitioner : Mr.P.B.Balaji For Respondents : Mr.S.S.Raghavan
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JUDGMENT
(This case has been heard through video conferencing)
The suit is filed for partition. All the parties appeared through Virtual Court. The 6th plaintiff represented for herself and also represented for the 7th plaintiff. The defendants 1,. 5, 6, 8 and 9 are represented by their Power of Attorney Mr.Krishnan. All the parties have agreed for the compromise arrived between them.
2.Even though, the District Revenue Officer, Chennai has arrayed as the 10th defendant, no relief has sought against the 10th defendant.
3.This Court is satisfied with the legality of the compromise. The Joint Memorandum of Compromise dated 29.10.2021 is accordingly recorded and taken on file. A decree is directed to be drafted in terms of the compromise.
4.T.O.S.No.36 of 2009 is allowed to be withdrawn as per Clause No.6 of the Joint Memorandum of Compromise dated 29.10.2021.
5.The suit in C.S.No.1156 of 2009 is decreed in terms of the Joint Memorandum of Compromise entered into between the parties on
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29.10.2021. T.O.S.No.36 of 2009 stands dismissed as withdrawn. No
costs. Consequently, the connected application is closed.
Sd/ N.S.S.J. 02/11/2021
//Certified to be true copy// Dated at Madras this the day of 2022.
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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C. S.No.1156 of 2009 & T.O.S.No.36 of 2009 & Application No.6266 of 2019
N.SESHASAYEE,J.
The matter has been listed under the caption “For Being Mentioned”.
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4. Registry is now required to draft the decree before January, 2022.
Sd/ N.S.S.J. 23/12/2021
//Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
R. Sankaran
R. Srinivasan
S. Kamakshi
R. Viswanathan
V. Uma
R. Gowri
N. Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
