Madras High CourtTOS/25/2006dismissed as settled out of court

Darathy Nirmala Samuel v. George Samuel And 7 Others

2018-12-06Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM TOS.No.25 of 2006 Dorathy Nirmala Samuel ... Plaintiff Vs

1. George Samuel

2. Dolly David

3. Rita Lalitha Bai (deceased)

4. Gladys Devaraj (deceased)

5. Alice Issac

6. B.B.Samuel

7. Reena

8. Beena

9. Sirajudeen

10. John Rajendran

11. Indira Shanmugam ... Defendants [Defendants 9 & 10, brought on record as LRs of the deceased 3rd defendant and Defendant 11 brought on record as LRs of the deceased 4th defendant, as per the order dated 23.09.2011 in application in A.No.2413 of 2011 and A.No.2416 of 2011 and extended on 10.02.2017 in A.Nos.848 and 849 of 2017] TOS numbered on conversion of O.P. on caveat being filed by the respondents in the O.P. and the Original Petition filed under Sections 232, 255 and 276 of Indian Succession Act 1925 and U/OR. XXV, Rule 5 of O.S.Rules,

praying that Letters of Administration with a Will annexed, may be granted to the plaintiff as the beneficiary under the Will of the deceased D.A.Samuel, having effect through out the State of Tamil Nadu, limited to the property mentioned in the affidavit of the assets.

For Plaintiff : Mr.M.Stalin For Defendants : Mr.G.S.Selvatharasu, for D6

JUDGMENT

It is represented by the learned counsel for the plaintiff that the suit has been settled out of Court between the parties and he has also submitted a letter before this Court, dated 12.11.2018 to that effect.

2. In view of the above settlement between the parties, the suit is dismissed as settled out of Court. Registry is directed to refund the necessary court fee to the plaintiff. No costs.

06.12.2018 Index : Yes/No Internet: Yes/No Speaking Order/Non Speaking Order pvs To The Sub Assistant Registrar, Original Side, High Court, Madras.

K.KALYANASUNDARAM, J., pvs TOS.No.25 of 2006 06.12.2018