The High Court of Judicature at Madras closed two applications seeking interim stay on sitting suit proceedings pending the disposal of transfer applications by the High Court, noting a prior order directing the withdrawal and transfer of the underlying suits.
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)
MONDAY, THE 25TH DAY OF APRIL 2022
THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN
A.Nos.1562 and 1563 of 2022 in T.O.S.No.13 of 2021
In the matter of the Indian Succession Act XXXIX of 1925; and In the matter of Last Will and Testament of P.V.Karuppuswamy Thevar @ P.V.K.Swami (Deceased) dated 23.05.2010
SHANTHI W/o.(Late ) Boobalan, Old No.49, New No.10, 3rd Floor, 1st Main Road, East Shenoy Nagar, Chennai-600 030
..Petitioner/Plaintiff -Vs-
BALA AMIRTHAVALLI @ AMIRTHAM W/o.S.P.Kandasamy Thevar, 10/429, S.P.K.Illam, Kanyakumari Road, Sayalkudi-623 120 ..Caveator/Defendant
A.Nos.1562 and 1563 of 2022:
https://hcservices.ecourts.gov.in/hcservices/ Mrs.BALA AMIRTHAVALLI @ AMIRTHAM W/o.Mr.S.P.Kandasamy Thevar, 10/429, S.P.K.Illam,
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Kanyakumari Road, Sayalkudi-623 120 ..Applicant/Applicant/Defendant
SMT.SHANTHI W/o.(Late ) MR.Boobalan, Old No.49, New No.10, 3rd Floor, 1st Main Road, East Shenoy Nagar, Chennai-600 030 ..Respondent/Respondent/Plaintiff
A.No.1562 of 2022:
This application praying that this Hon'ble court be pleased to pass an order of interim Stay of all proceedings of the case in O.S.No.2332 of 2019 on the file of the I Additional City Civil Court Chennai pending disposal of the Transfer Application by this Hon'ble High Court.
A.No.1563 of 2022:
This application praying that this Hon'ble court be pleased to pass an order of interim Stay of all proceedings of the case in O.S.No.8308 of 2019 on the file of the I Additional City Civil Court Chennai pending disposal of the Transfer Application by this Hon'ble High Court.
These original applications are coming on this day before this Court for hearing, the court made the following order:-
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The present applications are filed by the applicant / defendant to pass
an order of Interim stay of all proceedings of the case in O.S.Nos.2332 and 8308 of 2019 on the file of the learned I Additional City Civil Court, Chennai pending disposal of the Transfer Applications respectively.
Sd/-V.B.S.J. 25.04.2022
//Certified to be a true copy// Dated at Madras this the day of 2022.
SU/29.04.2022 COURT OFFICER(O.S.)
From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
Shanthi W/o.(Late ) Boobalan
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
