Will Of Gopal Naidu v. P.Jayalakshmi And 5 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN T.O.S.No.3 of 2001:

P.Sudhahar [Substituted and amendment carried out as per the order dated 06.08.1999 in A.No.2495 if 1999 and order dated 20.07.2012 made in memo dated 16.07.2012] ...Plaintiff .Vs.

1.P.Jayalakshmi 2.Saraswathi 3.N.Muthukrishnan 4.Ramanji @ Ramanjamm (Deceased) 5.P.Surendra Babu 6.S.Jagan Babu [defendants 5 and 6 are impleaded as LR's of the deceased 4th defendant as per the order dated 18.12.2015 in Application No.7338 of 2015] ... Defendants Page No.1/11

PRAYER : Petition filed under Section 232 and 276 of the Indian Succession Act, XXXIX fo 1925 and Order XXV Rule 5 of the Original Side Rules for grant of Letters of Administration with the Will annexed. Against the petition, a caveat was filed by the caveator, as per order of this Court dated 19.12.2000, the Original Petition No.566 of 1997 was converted into Testamentary Original Suit No.3 of 2001. For Plaintiff : Mr.V.Selvaperumal For Defendants : Mr.S.Senthilnathan for D2 and D4 ********* Tr.C.S.No.811 of 2002:

1.G.Ramanjee (Deceased) 2.P.Surendara Babu 3.S.Jagan Babu [Plaintiffs 2 and 3 are brought on record as legal heirs of the deceased sole plaintiff as per order dated 18.12.2015 in Appln.Nos.973 to 975 of 2015 and time extended as per order dated 18.07.2016 in Appln.Nos.3304 and 3305 of 2016. ] ... Plaintiffs -Vs1.G.Parthasarathy (Deceased) Page No.2/11

2.Jayalakshmi 3.Perumal Naidu 4.G.Saraswathi 5.Rajeswari 6.M.Nandakumar 7.M.Vijayalakshmi 8.M.Revathi 9.P.Yasodha 10.P.Sudhakar 11.P.Shanmugapriya [Defendants 9 to 11 are brought on record as legal heirs of the deceased 1st defendant as per order dated 23.11.2016 in Appln.Nos.6145 and 6146 of 2016] ... Defendants Plaint filed under Order VII Rule 1 of the Code of Civil Procedure praying to:

a) Pass a preliminary decree for 1/5th share in the properties mentioned in the Schedule A, B and C for the plaintiffs 2 and 3; b) appoint a Commissioner to divide the properties mentioned in the Schedule A, B and C by metes and bounds;

Page No.3/11

c) pass a final decree allotting specified items of properties towards the share of the plaintiffs and put the plaintiff in possession of the items so allotted towards their share and d) for costs of the suit.

For Plaintiffs : Mr.V.Selvaperumal For Defendants : Mr.S.Senthilnathan ******** Tr.C.S.No.302 of 2003:

G.Saraswathi ... Plaintiff -Vs1.G.Parthasarathy (Deceased) 2.Jayalakshmi 3.Perumal Naidu 4.Ramanji (Deceased) 5.Rajeswari 6.M.Nandakumar 7.M.Vijayalakshmi 8.M.Revathi 9.P.Surendara Babu 10.S.Jagan Babu Page No.4/11

[Defendants 9 and 10 brought on record as per order dated 18.12.2015 in Appln.Nos.956 to 958 of 2015 and time extended as per order dated 18.07.2016 in Appln Nos.3304 and 3305 of 2016 and order dated 04.08.2016.] 11.P.Yasodha 12.P.Sudhakar 13.P.Shanmugapriya [Defendants 11 to 13 are brought on record as legal heirs of the deceased 1st defendant as per order dated 23.11.2016 in Appln.Nos.6147 and 6148 of 2016] ... Defendants Plaint filed under Order VII Rule 1 of the Code of Civil Procedure praying to:

a) Pass a preliminary decree for 1/5th share in the properties mentioned in the Schedule A, B and C for the plaintiff; b) appoint a Commissioner to divide the properties mentioned in the Schedule A, B and C by metes and bounds;

c) pass a final decree allotting specified items of properties towards the share of the plaintiff and put the plaintiff in possession of the items so allotted towards her share and Page No.5/11

d) for costs of the suit.

For Plaintiff : Mr.S.Senthilnathan For Defendants : Mr.R.Lakshmi Narasimhan for D2, 3 9 and 11 Mr.V.Selvaperumal for D12 ********

J U D G M E N T

The parties have entered into a compromise and the same is evidenced by a compromise memo which has been signed by all the parties and their respective counsel. The power of attorney of the plaintiff is present. Two of the parties viz., the 1st and 2nd defendants Jayalakshmi and Saraswathi are present virtually. The others are present physically. All the parties have agreed that the suits as well as the testamentary original suit can be disposed of based on the above compromise.

2. In view of the agreement reached between the parties, there will be a final decree in Tr.C.S.No.811 of 2002 and Tr.C.S.No.202 of 2003 as Page No.6/11

per the compromise memorandum made between the parties. The compromise memo shall form part of the decree. In view of the compromise reached in the partition suits, the testamentary original suit in TOS.No.3 of 2001 will stand dismissed. The parties are directed to bear their own costs.

29.10.2021 dsa Note: The Registry is directed to issue certified copy of the judgment and decree by 29.11.2021.

Index : No Internet : Yes Non-Speaking order Page No.7/11

List of the witnesses examined on the side of the plaintiff in T.O.S.No.3 of 2001 :

PW1-Mrs.Shanmugapriya List of Exhibits marked on the side of the plaintiff in T.O.S.No.3 of 2001 :

Exhibits No.

Description Dated Ex.P1 True copy of Power of attorney 31.07.2015 Ex.P2 Original Will executed by Mr.Gopal Naidu registered as Doc.No.53/1980 on the file of the Sub-Registrar, Triplicane, Chennai 15.12.1980 Ex.P3 Original Death Certificate of Mr.Gopal Naidu -- Ex.P4 Original Birth certificate of the plaintiff -- Ex.P5 Original Death Certificate of Mrs.Salammal who died on 21.09.1996 -- Ex.P6 Original legal heir certificate 02.09.1997 Ex.P7 Affidavit filed by R.Kulasekara Nadiu Feb 1997 Ex.P8 Typed copy of the affidavit of attesting witness Namdev Chettiar -- Ex.P9 Computerised copy of death certificate of Namdev Chettiar -- Ex.P10 Copy of Consent affidavit of Jayalakshmi -- Ex.P11 Copy of Consent affidavit of G.Parthasarathy -- Ex.P12 Copy of death certificate of G.Parthasarathy -- Ex.P13 Certified copy of settlement deed 05.06.1982 List of the witnesses examined on the side of the defendants in T.O.S.No.3 of 2001 : : Nil List of Exhibits marked on the side of the defendants in T.O.S.No.3 of 2001 : : Nil Page No.8/11

List of the witnesses examined on the side of the plaintiffs in Tr.C.S.No.811 of 2002 :

PW1-Mr.P.Surendra Babu List of Exhibits marked on the side of the plaintiffs in Tr.C.S.No.811 of 2002 :

Exhibits No.

Description Dated Ex.P1 Certified copy of sale deed R.Gopal Naidu 29.11.1956 Ex.P2 Certified copy of sale deed R.Gopal Naidu 20.07.1960 Ex.P3 Certified copy of sale deed R.Gopal Naidu 25.07.1960 Ex.P4 Copy of legal notice 20.01.1996 Ex.P5 Original reply notice 01.02.1996 Ex.P6 Certified copy of sale deed G.Perumal Naidu 05.12.1997 Ex.P7 Certified copy of sale deed 20.07.2000 Ex.P8 Proceedings of Thasildar, Tindivanam 20.03.2012 Ex.P9 Proceedings of R.D.O., Tindivanam .12.2012 Ex.P10 Patta bearing No.151 issued by Deputy Thasildar, Tindivanam 24.05.2012 Ex.P11 'A' Register extract 24.05.2012 Ex.P12 Proceedings of Public Information Officer @ Deputy Thasildar, Tindivanam 12.08.2013 Ex.P13 Proceedings of R.D.O., Tindivanam 02.12.2012 Ex.P14 Proceedings of Public Information Officer @ Deputy Thasildar, Tindivanam 29.09.2015 List of the witnesses examined on the side of the defendants in Tr.C.S.No.811 of 2002 : : Nil Page No.9/11

List of Exhibits marked on the side of the defendants in Tr.C.S.No.811 of 2002 : : Nil List of the witnesses examined on the side of the plaintiff in Tr.C.S.No.302 of 2003 :

PW1-Mr.P.Surendra Babu List of Exhibits marked on the side of the plaintiff in Tr.C.S.No.302 of 2003 : Nil List of the witnesses examined on the side of the defendants in Tr.C.S.No.302 of 2003 : : Nil List of Exhibits marked on the side of the defendants in Tr.C.S.No.302 of 2003 : : Nil 29.10.2021 dsa Page No.10/11

R.SUBRAMANIAN, J.

dsa Tr.C.S.Nos.811 of 2002 & 302 of 2003 29.10.2021 Page No.11/11