Saraswathi (Decd) v. Nithya @ Seetha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 12.12.2023

CORAM:

THE HON`BLE MR.JUSTICE A.A.NAKKIRAN (O.P No.759 of 2007) C.Kumaran .. Plaintiff ..Vs.

Nithya @ Seetha, (Defendant was declared as major as per order in A.No.6597 of 2010 dated 13.10.2017) .. Defendant Prayer: Original Petition has been filed under Sections 232 and 276 of the Indian Succession Act of XXXIX of 1925 for the grant of Letters of Administration in respect of the last Will and Testament of the deceased Saraswathy. Against this petition, a Caveat and supporting affidavit was filed by the Caveator. As per order of this Court, the Original Petition No.759 of 2007 was converted into Testamentary Original Suit No.4 of 2009.

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For Plaintiff : Mr.A.P.Kannan For Defendant : Party in person

J U D G M E N T

When the matter was taken up today, the learned counsel for the plaintiff and the defendant/party-in-person submitted that the matter has been settled between the parties. Pursuant to the same, they have filed a Joint Compromise Memo dated 08.12.2023 before this Court which has been duly signed by both the parties and the counsel for the plaintiff. The said Joint Compromise Memo is recorded.

2. In view of the same, the suit is disposed of. The above Joint Compromise Memo shall form part of the decree. The Court Fee is ordered to be refunded as per law.

Index:Yes/No Speaking/Non-speaking order uma 2/6

A.A.NAKKIRAN,J.

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List of witnesses examined on the side of the plaintiff 4/6

PW1 C.Kumaran List of documents marked on the side of the plaintiff Ex.P1 01.09.1999 Original Will List of witnesses examined on the side of the defendant DW1 G.Nithya @ Seetha List of documents marked on the side of the defendant: Ex.D1 28.09.1992 Certified copy of Adoption Deed Ex.D2 31.10.2017 Online copy of death certificate of deceased Gopalakrishnan Ex.D3 30.122015 Online copy of the death certificate of deceased Saraswathi Ex.D4 21.04.2008 Certified copy of sale agreement.

Ex.D5 22.07.2023 Online copy of death certificate of deceased Vasantha Ex.D6 ...

Fees Remittance Booklet for 2000-2001 Ex.D7 ...

Original Memorandum of Understanding entered between the plaintiff and the defendant.

Ex.D8 12.04.2023 Online copy of legal heir certificate of deceased Gopalakrishnan.

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Ex.D9 23.06.2006 Certified copy of Relationship certificate Ex.D10 Original Family Card of Saraswathi reflecting the name of the defendant from 1998-2003.

Ex.D11 05.01.2022 TSLR Extract of the property in the name of the defendant.

Ex.D12 05.07.2023 Online copy of property tax receipt in the name of the defendant.

Ex.D13 ...

Photo of the defendant along with the deceased Saraswathi.

Ex.D14 10.04.2018 Xerox copy of legal heirship certificate of Saraswathi.

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