Will And Codicil Of v. Muniammal (Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN 1.B.Gowthaman (Deceased) 2.G.Vasanthi 3.G.Tamil Selvi (Plaintiffs 2 & 3 brought on record as Lr's of the deceased Gowthaman as per order of court dated 26.02.2007 in Appl.No.2001 of 2007) 4.B.V.Kumar (Deceased) (Plaintiff 4 brought on record as per the order of this Court in Appl.No.193 of 2010 dated 10.02.2010 and 24.02.2010) 5.V.K.Thenmozhi 6.V.K.Kavitha (Plaintiffs 5 & 6 brought on record as L.R's of the deceased B.V.Kumar 4th plaintiff as per order of Court dated 02.01.2014 in Appl.No.6419 of 2013).

... Plaintiffs Vs 1.Muniammal (Deceased) (1st Defendant died, defendants 2 to 5 are legal heirs already on record. Memo filed on 05.09.2022.) 1/5

2.Sundari 3.Sakthi @ Sathyamoorthy 4.Palani (Deceased) 5.Raja 6.Rani 7.Murugesan 8.Ravi 9.Mohan 10.Srinivasan 11.Varalakshmi 12.Lathangi 13.Shanthi 14.Selvi 15.Minor.Giridharan S/o.Late.Pannerselvam Rep by his mother and natural guardian Mrs.Varalakshmi W/o.Late.Pannerselvam (Respondents 11 to 15 impleaded as per the order of this Court in Appl.No.192 of 2010 dated 10.02.2010).

16.Mohana 17.Deepa (Defendants 16 and 17 brought on record as L.R's of the deceased Palani 4th defendant as per order of Court dated 03.11.2016 extended time on 01.12.2016 in Appl.No.3098 of 2016).

18.Kangalatha 19.Ganesh (Defendants 18 and 19 brought on record as L.R's of the deceased Raja 5th defendant as per order dated 04.12.2024 in A.Nos.6316, 6317 and 6318 of 2024 in T.O.S.No.2 of 2008).

... Defendants 2/5

Prayer:-This Plaint filed for issue of probate under Section 222 and 276 of the Indian Succession Act, 1925 and Order XXV and Rule 4 of the High Court Original Side Rules.

For Plaintiffs : Mr.K.Balaji For Defendants : Mr.G.Ramadurai for D1 to D5 and D16 to D19 Mr.K.S.Sitharthan for D6 to D9 M/s.L.P.Balajiram for D10 Mr.S.Anbu Raja for D11 to D15

ORDER

The learned counsel for the plaintiffs and the learned counsel for the defendants submits that this suit has been settled before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.

2. The inter se dispute between the parties have been settled through Mediation. The Mediation Report dated 21.03.2025 together with the Settlement Agreement has been transmitted to this Court. 3/5

3. The plaintiff has also filed a Memo indicating that the sixth defendant namely Rani has died during the pendency of the present suit who is the wife of late Loganathan, the other Lr's of the sixth defendant are already on record.

4. In view of the above, the suit is decreed in terms of the Settlement Agreement dated 21.03.2025 together with the Memo of Compromise filed between the parties before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras. A copy of the Mediation Report, Settlement Agreement and the Memo of Compromise shall form part and parcel of the decree. No costs.

5. Registry is directed to take note of the same in the final decree to be drafted pursuant to the dispute having settled through Mediation. 24.04.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order jas 4/5

C.SARAVANAN, J.

jas 24.04.2025 5/5