Madras High CourtA/1390/2021dismissed

Kolli Venkata Mohan Rao And Another v. Joseph Christian Krishnaraj (Deceased) And Another

2022-03-17Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 17TH DAY OF MARCH 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN A.No.1390 of 2021 in O.P.No.269 of 2004 In the matter of Indian Succession Act, 1925 and In the matter of Goods of Andrew Xavier Packiam - Deceased

1. Joseph Christian Krishnaraj, S/o. Late. Narasimhulu Naidu, Old No.2, New No.4, Nineth Trust Cross Street, Mandavelipakkam, Madras - 600 028.

2. J.M. Patricia, W/o. Late. Arulandu Santiago, Old No.2, New No.4, Ninth Trust Cross Street, Mandavelipakkam, Madras - 600 028.

3. Angela W/o. Late. Leo Mathew, Old No.2, New No.4, Ninth Trust Cross Street, Mandavelipakkam, Madras - 600 028.

... Petitioners A.No.1390 of 2021:

1. MR.KOLLI VENKATA MOHAN RAO No.49-55-8, Vidyath Nagar, Vishakhapatnam - 533 024.

2. KOLLI MURALI KRISHNA No.49-55-8, Vidyath Nagar, Vishakhapatnam 533 024.

..Applicants/Third Party -VsJOSEPH CHRISTIAN KRISHNARAJ (DECEASED) S/o.Late Narahimhalu Naidu Old No.2, New No.4, North Trust Cross Street, Mandavellipakkam, Chennai - 600 028

1. J.M. Patricia W/o.Late Arulandu Santiago Old No.2, New No.4, Ninth Trust, Cross Street, Mandavellipakkam, Chennai - 600 028.

2. ANGELA W/o.Late Leo Mathew Old No.2, New No.4, Ninth Trust Cross Street, Mandavellipakkam, Chennai - 600 028.

..Respondents Application praying that this Hon'ble Court be pleased to order for revocation of the letters of administration dated 15/07/2004 which was probated in O.P.No.269 of 2004 on the file of this Hon'ble Court. This Application coming on this day before this court for hearing the court made the following order:

This application has been filed for revocation of the letters of administration dated 15.07.2004 which was probated in O.P.No.269 of 2004.

2. The O.P. is of the year 2004. Admittedly, this Court by its order dated 15.07.2004 itself, had granted letters of administration in favour of the respondents/petitioners. Now the applicants have filed this application to revoke the letters of administration granted by this Court stating that they have got interest in the properties and a civil suit is pending before the City Civil Court, Chengalpattu.

3. A careful reading of the affidavit filed by the applicants shows that the applicants were neither parties to the O.P., nor beneficiaries to the Will. Therefore, the applicants have no caveatable interest to revoke the letters of administration granted by this Court and this Court does not find any reason to revoke the letters of administration granted to the respondents/petitioners. Therefore, this application is dismissed. Sd/.P.V.J.

17.03.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. su/24.3.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.