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Madras High CourtA/367/2020allowed

Mr.A.Sudhakar Reddy v. Mrs.A.Sudharshanamma And Another

2020-01-29Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 29TH DAY OF JANUARY 2020 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A.NO.367 OF 2020 IN O.P.No.399 of 2019 In the matter of Indian Succession Act XXXIX of 1926 And In the matter of Last Will and Testament of Sri Allareddy Venkatakrishna Reddy also known as A.Venkatakrishna Reddy - Deceased.

Mrs.A.SUDHARSHANAMMA W/o.Late Allareddy Venkatakrishna Reddy 174, Arcot Road, Vadapalani, ..Petitioner -vs1. Mr.A.SUDHAKAR REDDY 174, Arcot Road, Vadapalani,

2. Mr.A.DAYAKAR REDDY

3. Mrs.N.SUREKHAMMA W/o.Mr.N.Rajendar Reddy and D/o.Late Allareddy Venkatakrishna Reddy

/ 2 / Doshi Gardens, 4.Mrs.A.ANUPAMMA REDDY (Since Deceased) W/o.Late A.Rajasekara Reddy and Daughter - in-Law of Late Allareddy Venkatakrishna Reddy Door No.54/55A, Block No.164, Doshi Garden Apartments, Vadapalani, Chennai-600026.

5. Mrs.A.NISHITHA REDDY W/o.Bireshwar, and D/o of Late A.Rajasekara Reddy and Grant Daughter of Late Allareddy Venkatakrishna Reddy Door No.54/55A, Block No.164, Doshi Garden,

6. Mr.A.CHAITANYA KUMAR REDDY S/o.Late A.Rajasekara Reddy and Grand Son of Late Allareddy Venkatakrishna Reddy Door No.54/55A, Block No.164, Doshi Garden, 174, Arcot Road, Vadapalani, (Respondents 5 to 6 herein have been recognized as Legal heirs of the 4th respondent (deceased) who died on 24.08.2018, vide order of the Hon'ble Master dated 08.07.2019 on the Memo date 08.07.2019) A.No.367 of 2020:

1. Mr.A.SUDHAKAR REDDY 174, Arcot Road, Vadapalani, ..Applicant/1st Respondent -vs1.Mrs.A.SUDHARSHANAMMA W/o.Late Allareddy Venkatakrishna Reddy 174, Arcot Road, Vadapalani, ..1st Respondent/Petitioner

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2. Mr.A.DAYAKAR REDDY

3. Mrs.N.SUREKHAMMA W/o.Mr.N.Rajendar Reddy and D/o.Late Allareddy Venkatakrishna Reddy Flat No.54, A Block,,Doshi Gardens, 4.Mrs.A.ANUPAMMA REDDY (Since Deceased) W/o.Late A.Rajasekara Reddy and Daughter - in-Law of Late Allareddy Venkatakrishna Reddy Door No.54/55A, Block No.164, Doshi Garden Apartments, Vadapalani, Chennai-600026.

5. Mrs.A.NISHITHA REDDY W/o.Mr.Bireshwar, and D/o of Late A.Rajasekara Reddy and Grant Daughter of Late Allareddy Venkatakrishna Reddy Door No.54/55A, Block No.164, Doshi Garden,

6. Mr.A.CHAITANYA KUMAR REDDY S/o.Late A.Rajasekara Reddy and Grand Son of Late Allareddy Venkatakrishna Reddy Door No.54/55A, Block No.164, Doshi Garden, 174, Arcot Road, Vadapalani, ..Respondents 2 to 6/ Respondents 2 to 6 Application praying that this Hon'ble Court be pleased to execute the original Bond with the current address namely New No.8, Old NO.13, Subbarao Avenue, 3rd Street, College Road, Nungambakkam, Greams Road, Chennai -600 006.

/ 4 / This Application coming on this day before this court for hearing the court made the following order: This application is filed to permit the applicant to execute the security bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) in favour of the Assistant Registrar (Original Side), High Court, Madras in compliance with the order dated 26.11.2019, in O.P.No.399 of 2019 with the applicant's current address viz., New No.8, Old No.13, Subbarao Avenue, 3rd Street, College Road, Nungambakkam, Greams Road, Chennai - 600 006.

2. I heard the learned counsel for the applicant. The learned counsel for the applicant submitted that in view of the age of the petitioner in O.P.No.399 of 2019, this Court permitted the first petitioner therein/applicant herein to execute a security bond for a sum of Rs.25,000/- in respect of the petitioner in O.P. When the applicant herein attempted to execute the bond, the Registry raised an objection because the address of the applicant in the identity documents did not match the address shown in O.P.No.399 of 2019. Therefore, she submitted that the present application has been filed.

3. I considered the submissions of the learned counsel and examined the earlier order of this Court and the affidavit in support of the application. I find that the applicant is unable to execute a bond in compliance with the order dated 26.11.2019 only on account of the fact that the applicant's address has changed in the interregnum

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4. Therefore, this application is allowed and the applicant is permitted to execute a security bond for a sum of Rs.25,000/- in favour of the Assistant Registrar (OSII), High Court, Madras in compliance with the earlier order dated 26.11.2019 on the basis of identity documents carrying the address New No.8, Old No.13, Subbarao Avenue, 3rd Street, College Road, Nungambakkam, Greams Road, Chennai - 600 006.

Sd/.S.K.R.J.

29.01.2020 //Certified to be a true copy// Dated this the day of 2020.

SU/04.02.2020 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.