Dismissed

Shantilal Kothari v. Shatrasala Sharath Babu

Madras HC20 Dec 2023A/6778/2023

Case brief

AI extract

What is this about?

Court dismissed a third party's application for extension of time to vacate premises. The applicant alleged forgery of the will granting Letters of Administration but provided new evidence but failed to meet the standard. The matter had reached finality after the Supreme Court's decision.

What did the court decide?

Extension of time to vacate and handover premises was denied, application for extension of time stands dismissed.

Shantilal Kothari Vs Shatrasala Sharath Babu — Partition | Madras HC (2023)

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A.No.6778 of 2023

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in E.P.No.511 of 2008

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N.SATHISH KUMAR, J.

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This application has been filed to grant extension of time to vacate and handover the premises.

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When the matter came up before this Court challenging the orders of the learned Master, refusing to recall the warrant, in A.Nos.172 and 173 of 2021; on the basis of undertaking given before this Court by the learned counsel for the applicant, time is granted to the petitioner to vacate and handover the vacant possession on or before 31.12.2023.

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Now, there are 16 tenants. This Court has already directed the Registry to issue warrant in respect of other tenants. It appears that other tenants were vacated by the Bailiff, pursuant to the Order of this Court, however, the applicant has not vacated.

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Now, the application is taken out by the applicant on the ground that the will, based on which the Letters of Administration granted is forged. In this regard, he has obtained opinion of the expert letter. Therefore, he seeks extension of time.

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This Court on perusal of the entire allegations by a third party/applicant with regard to the will is concerned, though, it is stated that

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they have obtained some report from private individuals, this Court is not in https://www.mhc.tn.gov.in/judis

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a position to accept such report at this stage. This matter has reached up to the Hon'ble Supreme Court in S.L.P.Nos.9300-9301 of 2020 and all the attempts made by the third parties, not accepted and orders granting Letters of Administration had reached finality and other tenants have also been evicted. At this stage, this application has come up on novel ground of fraud.

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When the matter has reached finality, this Court is of the view that

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if this application is allowed by this Court, there will not be any end for the successful parties. Such view of the matter, this Court is not inclined to extend the time already granted by this Court, taking note of the various proceedings and the matter has reached up to the Hon'ble Supreme Court, wherein, the applicant is already a party to the suit and he has taken all the defence, in fact, the alleged lease deed is also found to be forged.

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Such view of the matter, at this stage, the petitioner being a third

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party to the will cannot challenge the will. Accordingly, I do not find any merits in the case and this application stands dismissed. No costs.

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20.12.2023

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dhk

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https://www.mhc.tn.gov.in/judis

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N.SATHISH KUMAR, J.

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dhk

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A.No.6778 of 2023 in E.P.No.511 of 2008

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20.12.2023

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https://www.mhc.tn.gov.in/judis

Shantilal Kothari v. Shatrasala Sharath Babu

Case brief

What is this about?

What did the court decide?

Shantilal Kothari v. Shatrasala Sharath Babu

Case brief

What is this about?

What did the court decide?

What the court decided

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