The High Court of Madras decreed a testamentary original suit filed under Sections 222 and 276 of the Indian Succession Act on a compromise. The registry was directed to grant probate to the plaintiff regarding a Will dated 21.10.2013.
Suit decreed on compromise; registry directed to grant probate to the plaintiff.
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.
TOS.No.25 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
TOS.No.25 of 2015
S.Sarojini
... Plaintiff
Vs.
V.Chamundeswari
... Defendant
PRAYER : Testamentary Original Suit filed under Sections 222 and 276 of the Indian Succession Act read with Order XXV Rule 4 of the Original Side Rules, praying to allow the plaintiff to prove the Will in common form and the probate may be granted to the plaintiff with respect of the Will dated 21.10.2013 executed by the deceased Smt.V.Saraswathi having effect limited to the State of Tamil Nadu.
For Plaintiff : Mr.S.Krishnasamy For Defendant : Mr.S.Udayakumar
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TOS.No.25 of 2015
JUDGMENT
The Testamentary Original Suit has been filed to allow the
plaintiff to prove the Will in common form and to grant probate to the plaintiff with respect of the Will dated 21.10.2013 executed by the deceased Smt.V.Saraswathi having effect limited to the State of Tamil Nadu.
2. When the matter was taken up for hearing, the learned counsels for both sides submitted that the parties have entered into compromise and a memo to that effect has also been filed.
3. Both the plaintiff and the defendant appeared through Video Conferencing and they have been identified by their respective counsels. The terms of compromise has been filed and it was read over to the parties and they understood and accepted the same and stated that that they had affixed their signatures in the terms of compromise after having known the contents and accepted the same. The terms of compromise is recorded and the suit is decreed in terms of compromise.
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TOS.No.25 of 2015
4. In the result, this Testamentary Original Suit is decreed in terms
of compromise and the Registry is directed to grant probate in favour of the plaintiff. The memo of compromise is also recorded and it shall form part of the order. No costs.
09.06.2023
Index : yes / no Internet : yes / no gsk
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TOS.No.25 of 2015
R.N.MANJULA,J. gsk
TOS.No.25 of 2015
09.06.2023
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1 issue framed by the court
Whether the testamentary suit should be decreed based on a compromise agreement reached by the parties.
2 provisions across 2 enactments
S. Sarojini
V. Chamundeswari
R.N. Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
