Mrs.Banumathi @ Banumathi Sundaram And 2 Others v. Mrs.D.Suseela
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 05TH DAY OF MARCH 2020 THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.NO.998 OF 2020 IN T.O.S.No.32 of 2016 In the matter of Indian Succession Act,XXXIX of 1925, and In the matter of the Last Will of Testament of Mr.D.Sundaram - deceased.
1. MRS.BANUMATHI @ BANUMATHI SUNDARAM 2.D.Swetha 3 D.SNEHA All are residing at Flat No.4, GRN Flats, Door No.21, Tilak Street, T.Nagar, Chennai-600 017.
..Applicants/Petitioners/Plaintiffs -vsMRS.D.SUSEELA Flat No.2, Akshya Temple View Apartments, 7A, Easwari Nagar, Jameem Pallavaram, Chennai-600 043.
..Respondent/Caveators /Defendant
This application Praying that this Hon'ble Court be pleased to receive the documents mentioned hereunder as additional documents in the above suit.
This application coming on this day before this court for hearing the court made the following order:
This application is filed in the Testamentary Original Suit to receive the documents listed in the schedule to the judge's summons.
2. I heard the learned counsel for the applicants and the learned counsel for the respondent.
3. The learned counsel for the applicants submits that the Original Petition was filed with the documents that were available at the relevant point of time. Subsequently, the Original Petition was contested and the applicants traced further documents, which are relevant for the purpose of proving the Will.
4. The learned counsel for the respondent submits that he does not have any objection if this application is allowed subject to objections as to relevance and proof.
5. Upon considering the submissions of the learned counsel for the respective parties and on examining the affidavit in support of the application and the nature of the documents listed in the schedule to the
judge's summons, I find that this application is liable to be allowed subject to the objections of the respondent with regard to proof and relevance. The application is allowed on those terms.
Sd/.S.K.R.J.
05.03.2020 //Certified to be a true copy// Dated this the day of 2020. S.U./10.03.2020 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.