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N.Sivasubramanian v. B.Hari Haran

Madras HC21 Jan 2025TOS/40/2022

Case brief

AI extract

What is this about?

Madras High Court, TOS.No.40 of 2022, N.Sivasubramanian (petitioner/plaintiff) v. B.Hari Haran (caveator/defendant), decided 21.01.2025 by A.A.Nakkiran, J. Testamentary Original Suit for grant of Probate under Sections 222 and 276, Indian Succession Act XXXIX of 1925; converted from OP.No.227 of 2022 (Master's order 26.09.2022); settled via Memorandum of Understanding dated 29.06.2024 at Mediation Centre with plaintiff's consent endorsement; suit disposed of; entire court fee refunded. Keywords: probate, testamentary, mediation, MOU, compromise, court fee refund, Estate of late S.Banumathi.

What did the court decide?

Suit disposed of upon recording the Memorandum of Understanding dated 29.06.2024 reached before the Mediation Centre, which forms part of the record; the entire Court Fee ordered to be refunded to the plaintiff as per law.

N.Sivasubramanian Vs B.Hari Haran — Succession and Inheritance | Madras HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.01.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

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TOS.No.40 of 2022

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N.Sivasubramanian ..Petitioner/ Plaintiff Vs. B.Hari Haran ...Caveator/Defendant

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PRAYER: Testamentary Original Suit filed under Sections 222 and 276 of the Indian Succession Act XXXIX of 1925 for the grant of Probate. As per the order of the learned Master, dated 26.09.2022 in OP.No.227 of 2022,

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the Original Petition has been converted into Testamentary Original Suit No.40 of 2022.

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For Plaintiff : Mr.Francis Cedric D'Cruz for M/s.P.B. Ramanujam For Defendant : Mr.M/s.C.A. Diwakar Mediator : Mrs. P. Bhuvaneswari

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JUDGMENT

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When this matter is taken up for hearing today, the learned counsel

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for the plaintiff as well as the learned counsel for the defendant submitted

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that the matter has been compromised between the parties before the Mediation Centre. Pursuant to the same, they have filed a Memorandum of

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1/3 https://www.mhc.tn.gov.in/judis

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Understanding dated 29.06.2024 which has been duly signed by some of the parties in Original Petition and their respective counsel. But the petitioner/plaintiff has not signed on it.

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However, today, the petitioner/plaintiff has made an endorsement

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in the plaint as follows:

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“I have read the contents of the MOU dated 27.0.6.2024 entered into between the beneficiaries/legal heirs of the Estate of late S.Banumathi on this date. I hereby indicate my consent and have no objection to the terms stated therein. “

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