Disposed

R.Udhayachandrika v. N.Porselvi

Madras HC4 Mar 2024CRP(MD)/503/2024

Case brief

AI extract

What is this about?

Defendants in a partition suit, unable to serve summons on the attestators of a disputed Will, filed an application for issuance of warrant to them; the trial court returned it unnumbered as not maintainable. The High Court held such questions must be decided on the judicial side and directed the trial court to entertain and decide the petition on merits.

What the court decided

AI extract

R.Udhayachandrika Vs N.Porselvi — Partition | Madras HC (2024)

¶1

CRP(MD).No. 503 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 04.03.2024

¶4

CORAM :

¶5

THE HON'BLE MR JUSTICE G.ILANGOVAN

¶6

CRP(MD).No.503 of 2024 and CMP(MD).No.2518 of 2024

¶7

1.R.Udhayachandrika 2.R.Ranjith kumar 3.Minor R.Saktheeshkumar (renp. by 1^st petitioner) ... Petitioners

¶8

Vs.

¶9

1.N.Porselvi 2.V.Vijayalakshmi 3.Latha Maheswari ... Respondents

¶10

PRAYER:- Petition filed under Article 227 of the Constitution of India to call for the records pertaining to the return of unnumbered I.A.No. Of 2024 in O.S.No.56 of 2017 on the file of the Additional District Judge, Sivagangai, dated 11.01.2024 and to set aside the same.

¶11

For Petitioner : Mr. S. Saravana Prabhu

¶12

O R D E R

¶13

This Civil Revision Petition is filed against the order, dated 11.01.2024 passed in I.A.No. Of 2024 in O.S.No.56 of 2017 on the file of

¶14

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

¶15

1/4

¶16

CRP(MD).No. 503 of 2024

¶17

the Additional District Judge, Sivagangai

¶18

The suit in O.S.No.56 of 2017 was filed the respondents

¶19

herein / plaintiffs seeking the relief of partition, separate possession in respect of the shares of the property. Trial commenced. On the side of the revision petitioners herein summon was taken out to the attestator of the disputed Will. Even though, the summon was issued to the attestator it came to be returned thrice. In such circumstances, the revision petitioners herein / defendants have filed the present application for issuing warrant to the attestators, without even numbering same, the learned Additional District Munsif, Sivagangai returned the application stating that the said petition is not maintainable.

¶20

The learned counsel appearing for the revision petitioners submitted that the attestators to the Will viz., proposed witnesses are the husbands of the plaintiffs 2 and 3 and they have purposely evading the summon, that is why the above application is filed.

¶21

The maintainability of the petition can be decided on the Judicial side, but, without doing the same, returning the plaint on the

¶22

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

¶23

2/4

¶24

CRP(MD).No. 503 of 2024

¶25

administration side may not be proper. On that sole ground, there shall be a direction to the learned Additional District Judge, Sivagangai, to entertain the petition on the judicial side and decide the same on its own merits.

¶26

With the above observation, this Civil Revision Petition

¶27

is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

¶28

04.03.2024

¶29

Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp

¶30

Note: Registry is directed to return the original papers after substituting the xerox copy of the same.

¶31

¶32

The Additional District Judge, Sivagangai.

¶33

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

¶34

3/4

¶35

CRP(MD).No. 503 of 2024

¶36

G.ILANGOVAN,J.

¶37

Trp

¶38

CRP(MD).No.503 of 2024 and CMP(MD).No.2518 of 2024

¶39

04.03.2024

¶40

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

¶41

4/4

R.Udhayachandrika v. N.Porselvi

Case brief

What is this about?

What the court decided

R.Udhayachandrika v. N.Porselvi

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

S.Sundarapandian Vs P.Rajeshwari

R.Ganesan Vs R.Rengasamy

Suresh Vs Shinu

P.Mariammal Vs S.K.S.Premnath

M.Basheer Vs N.Vasantha

Subi Kumar Vs Karuppaiah