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Madras High CourtTOS/10/2011disposed of

A.S.Manikannan v. G.Jayakumar

2022-02-28Honourable Mrs Justice V.Bhavani Subbaroyan10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 28TH DAY OF FEBRUARY 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN T.O.S.No.10 of 2011 In the matter of the Indian Succession Act XXXIX of 1925, and In the matter of Last Will and Testament of A.S.Senthamarai Kannan - deceased.

A.S.Manikannan S/o. late A.Sivagnana Mudaliar, residing at No.1, Venkier Street, Kondithope, Sowcarpet, Chennai - 600 079.

...Petitioner/Plaintiff

versus

1. G.Jayakumar *** S/o. late Gopala Krishnan, residing at No.1, Venkier Street, Kondithope, Sowcarpet, Chennai - 600 079.

2. G.Dilipkumar (Deceased) S/o. late Gopala Krishnan, residing at Door No.22/11, Telegraph Abbai Street, Kondithope, Sowcarpet, Chennai - 600 079.

3. G.Senthilkumar (Deceased)**

S/o. late Gopala Krishnan, residing at Door No.22/29, Venkier Street, Kondithope, Sowcarpet, Chennai - 600 079.

**(Deceased of 3rd Defendant Recorded as per Memo Sr.No.27392/18 dt 4/7/18, as per order dated 5/7/18 in TOS. 10/2011)

4. A.Bhuvaneswari S/o late Gopala Krishnan, residing at No.24/14, Melapalayam, Sengam, Thiruvannamalai District.

5. G.D.Karunambigai, *** W/o. Late G.Dilipkumar * *(residing at No 1, Venkier St, Kondithope, Chennai - 600 079, 5th Defendant brought on record as L.R's of the Deceased 2nd Defendant as per order Dt 5.6.2014 in Appln.Nos.524 to 526 of 2014 in TOS. No.10 of 2011) *** (D1 & D5 Defendant are Amended as per Order passed in Appln.2169/2021 in TOS. 10/2011 dated 25.6.2021) ...Caveators/Defendants Testamentary Original Suit praying that this Hon'ble Court be pleased to grant Letters of Administration with the Will annexed in favour of the Petitioner as the eldest brother/legatee under the Will of the said deceased A.S.Senthamarai Kannan, having effect limited to the State of Tamil Nadu.

This Testamentary Original Suit coming on this day before this court for hearing in the presence of Mr. M.A.Srinivasan, advocate for the defendants 1, 4 & 5 herein and the plaintiff herein not appearing in person or by advocate and upon reading the petition and joint compromise memo filed herein and the said joint compromise memo signed by the plaintiff and the defendants 1, 4 & 5 herein and their respective advocates and the said advocates for the parties hereto praying this Court to pass a decree in terms of joint compromise memo morefully setout in the schedule 'B' hereunder and it is ordered and decreed as follows:- That the suit property morefully setout in the schedult 'A' hereunder shall be divided into two half shares (i.e.) viz., one half share (50%) shall be allotted to the plaintiff, A.S.Manikannan and the other half share (50%) shall be allotted to 1) G.Jayakumar, 2) A.Bhuvaneswari and 3) G.D.Karunambigai, the defendants 1,4 & 5 herein jointly.

2) That the plaintiff and defendants 1, 4 & 5 herein agreed that they shall not have any claim against each other.

3) That there shall be no order as to costs.

SCHEDULE 'A'

SCHEDULE OF PROPERTY All that House and Ground bearing Door No.1 (Old No.2/21 and then 21) Venkier Street, Peddunaicken Street, Sowcarpet, Chennai / 600079 and comprised in O.S.No.5926, R.S.No.408/2 Certificate No.822 dated 20.10.1925 and No.80 dated 20.7.1930 and measuring 1024 sq.ft. and bounded on the North by Chellammal's property, South by Peddu Naicken Street on the East by Venkier Street and West by Murugesa Mudaliar Property and situate within the registration district of North Chennai and Registration sub-district of Sowcarpet.

SCHEDULE 'B'

JOINT COMPROMISE MEMO

ARS 30.03.2022 T.O.S.No.10 of 2011 DECREE DATED : 28.02.2022 THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL : 31.03.2022 APPROVED ON : 31.03.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2022

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN TOS.No.10 of 2011 A.S.Mani Kannan ...Plaintiff Vs.

1.G.Jayakumar 2.G.Dilip Kumar (Since Deceased) 3.G.Senthil Kumar (Since Deceased) (Deceased of 3rd Defendant recorded as per Memo Sr.No.27392 of 2018 dated 04.07.2018 as per Order dated 05.07.2018 in TOS.No.10 of 2011) 4.A.Bhuvaneswari 5.G.D.Karunambigai (5th Defendant brought on record as Legal representative of the Deceased 2nd plaintiff as per Order dated 05.06.2014 in Application Nos.524 to 526 of 2014 in TOS.No.10 of 2011) (D1 & D5 Defendants are amended as per order passed in Appln. No.2169/2021 in TOS.No.10/2011 dated 25.6.2021) ...Defendants

Prayer: Petition filed for Letters of Administration under Order XXV Rule 5 of O.S.Rules and under Sections 232 and 276 of the Indian Succession Act, 1925, to grant Letters of Administration with the Will annexed in favour of the petitioner as the eldest brother/legatee under the Will of the said deceased A.S.Senthamarai Kannan, having effect limited to the State of Tamil Nadu.

For Plaintiff : No appearance For Defendants : Mr.M.A.Srinivasan for D1 to D4

J U D G M E N T

The Original Petition has been filed for grant of Letters of Administration with the Will annexed which has been converted as a Testamentary Original Suit.

2.It is seen that the plaintiff and the defendants 1, 4 and 5 jointly entered into a Compromise Memo dated 28.02.2022, which reads as follows:

JOINT COMPROMISE MEMO FILED BY THE PLAINTIFF AND DEFENDANTS 1, 4 and 5 1.The Plaintiff herein filed Original Petition No.394 of

2010 for Grant of Letters of Administratiion of the Last Will and Testament of A.S.Senthamarai Kannan, executed on 24th July, 2006 and the said Will was registered as Document No.22 of 2006 in the office of the Sub-Registrar of Sowcarpet, Chennai and upon entering Caveat by the Defendants 1 to 4 the same was convered into Testamentary Original Suit viz., TOS.No.10 of 2011 and the same is pending consideration before this Hon'ble Court.

2.It is submitted pending suit 2nd defendant G.Dilip Kumar died on 20.07.2013 leaving behind his wife G.D.Karunambigai and they have no issues and the wife has been impleaded as 5th defendant in the above TOS. 3.It is submitted pending suit 3rd Defendant G.Senthil Kumar Died on 15.07.2016, he was bachelor, his parents predeceased him and as such there are no legal heirs for him and the same was recorded by this Hon'ble Court as per Memo Sr.No.27392 of 2018 dated 04.07.2018 Order dated 05.07.2018.

4.The Plaintiff and the Defendants 1, 4 and 5 had arrived a Compromise and the terms of the compromise are as follows:- a.

The Suit Schedule property will be divided into Two Half Shares. One Half Share (50%) will be allotted to the Plaintiff A.S.Manikannan and the Other Half Share (50%) will be allotted to the Defendants 1, 4 and 5 jointly. 5.The Plaintiff and Defendants 1, 4 and 5 agreed that they will not have any claim against each other. 6.It is mutually agreed that the parties hereto without any compulsion coercion and undue influence in executing this JOINT MEMORANDUM OF COMPROMISE.

7.It is therefore, prayed that this Hon'ble Court be pleased to Record this JOINT COMPROMISE MEMO AS PART AND PARCEL OF THE DECREE in the above suit and pass such further or other Orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.

Dated at Chennai on this 28th day of February, 2022. COUNSEL FOR PLAINTIFF (A.S.Manikannan) PLAINTIFF G.Jayakumar.....

Mrs.A.Bhuvaneswari....

Mrs.D.Karunambigai....

COUNSEL FOR DEFENDANTS DEFENDANTS 1, 4 and 5 1, 4 AND 5 3.In view of the above, the Testamentary Original Suit is disposed of in terms of the joint compromise memo. There shall be no order as to costs. Sd/-V.B.S.J.

28.02.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.