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Madras High CourtA/1117/2019allowed

Ms.Raja M.Kausalya Devi D/O.Late Raja D.V.Appa Rao Bahadur v. Mrs.Raja D Anasuya Dev W/O.Late D.V.Appa Rao Bahadur

2019-02-08Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY & INTESTATE JURISDICTION) FRIDAY, THE 08TH DAY OF FEBRUARY 2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN A.NO.1117 of 2019 in O.P.No.964 of 2016 In the matter of Indian Succession XXXIX of Act 1925 and In the matter of Last Will and Testament of Raja D Seshayyamma Garu -deceased Ms.Raja M.Kausalya Devi, D/o.late Raja D.V.Appa Rao Bahadur, New No.33, Old No.16, Kasturi Ranga Road, Teynampet, Chennai-600 018.

...Applicant/Petitioner -Vs1.Mrs.Raja D Anasuya Devi, D/o.late Raja D.V.Appa Rao Bahadur, New No.31, Old No.15, Kasturi Ranga Road, Teynampet, Chennai-600 018.

2.Raja D.V.Seetharamayyah Bahadur, S/o.late D.V.Appa Rao Bahadur, New No.31, Old No.15, Kasturi Ranga Road, Teynampet, Chennai-600 018.

3.R.V.Appa Rao, S/o.Dr.R.Surya Prasad Rao, No.31, Kasturi Ranga Road, Teynampet, Chennai-600 018.

4.R.V.N.Prasada Rao, S/o.R.V.Appa Rao, No.31, Kasturi Ranga Road, Teynampet, Chennai-600 018.

5.Jayakrishna Madura Madan, S/o.M.Jagan Mohan, New No.33, Old No.16, Kasturi Ranga Road, Teynampet, Chennai-600 018.

...Respondents/Respondents

Ápplication praying that this Hon'ble Court be pleased to permit the Applicant to amend the Petition in O.P.No.964/2016, the Affidavit of Assets Valuation Column and wherever necesary by including the property namely part of land in House and Ground Old No.111, Mowbrays Road, presently No.31 (Old No.15) Kasturi Ranga Road, Alwarpet, Chennai 600018, land measuring 6 Grounds 1976 Sq.ft.comprised in R.S.No.1576/2 Block No.32 Mylapore, Chennai bounded on North by R.S.No.1575/46 South by R.S.No.1576/8, 1576/9 and 1576/10 East by R.S.No.1575/13 and West by R.S.No.1577/13.

This Application coming on this day before this Court for hearing the court made the following order: This application has been filed seeking to include a property situated at old No.111, Mowbrays Road, presently bearing No.31, Kasturi Ranga Road, Alwarpet, Chennai - 18 in the affidavit of assets, as it was omitted to be included by oversight.

The respondents who had originally filed consent affidavits for grant of probate, have filed supporting affidavits disclosing their consent for the inclusion of the said property also.

2.The learned Counsel for the respondents would also submit that they have no objection for the property being included in the affidavit of assets. Considering the same, this petition is allowed.

Sd/.R.S.M.J.

08.02.2019 //Certified to be a true copy// Dated this the th day of 2019. DL/11.02.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.