Kottesswrai v. S.Narasamma @ Sakila And 3 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) TUESDAY, THE 05TH DAY OF APRIL 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN A.Nos.1509 and 1510 of 2022 and O.P.No.122 of 2008 and O.P.No.70 of 2006 O.P.No.122 of 2008:
1. S.NARASHAMMA @ SAKILA W/O. LATE K.G.SRINIVASAN RESIDING AT NO.2, KOTTAI STREET, THIRUNINDRAVUR, POONAMALLEE TALUK
2. G.SAMBOORNAMMAL WIFE OF GAJENDRA PILLAI, RESIDING AT NO.2, KOTTAI STREET, THIRUNINDRAVUR, POONAMALLEE TALUK ..PETITIONERS -Vs1. KOTEESWARI RESIDING AT NO.10, SUBRAMANIYA NADAR, BYE PASS ROAD, TIRUTANI,
2. S.SAKILA RESIDING AT NO.21/47, BAKER STREET, CHOOLAI, CHENNAI-112
3. THE DEPUTY CHIEF MATERIALS MANAGER GSD. PER. SOUTHERN RAILWAY, AYANAVARAM, CHENNAI - 23.
..RESPONDENTS O.P.No.70 of 2006:
In the matter of the Indian Succession Act XXXIX of 1925 and In the matter of the Debts of Late K.G.Srinivasan (Died) Intestate
1. Mrs.S.Shakila,
2. S.Harikumar * (* 2nd Petitioner declared major by order dated 01.11.2012 in A.No.4775/12 . Ist Petitioner discharged form guardianship of Minor by order dated 01/11/12 in A.No.4774/2012 and time extended by order dated 20.11.12) rep.by mother and guardian S.Shakila First Petitioner herein both residing at No.21/47, Baker Street, Choolai, Chennai-600 112 ..Petitioners -Vs1. * Narashamma *(Amended as per order in A.No.4125/2012 dated 18.09.12)
2. Sampoornammal
Both are residing at No.2, Kottai Street, Thirunindravur, Thiruvallur District.
..Respondents A.Nos.1509 and 1510 of 2022:
KOTTESSWRAI W/O.K.G.SRINIVASAN, NO.10, SUBRAMANIA NAGAR, BYE-PASS ROAD, TIRUTTANI.
..APPLICANT/1ST RESPONDENT -VS1. S.NARASAMMA @ SAKILA, W/O.LATE K.G.SRINIVASAN, NO.2, KOTTAI STREET, THIRUNINDRAVOOR, POONAMALLEE TALUK.
2. G.SAMBOORNAMMAL W/O.GAJENDRA PILLAI, NO.2, KOTTAI STREET, THIRUNINDRAVOOR, POONAMALLEE TALUK.
..RESPONDENTS/ PETITIONERS 1 AND 2
3. S.SAKILA 21/47, BAKER STREET, CHOOLAI, CHENNAI - 600 112.
4. THE DEPUTY CHIEF MATERIALS MANAGER OSD, PER, SOUTHERN RAILWAY, AYANAVARAM, CHENNAI-600 023.
..RESPONDENTS/ RESPONDENT 2 AND 3
A.No.1509/2022:
This application praying that this Hon'ble Court be pleased to recall the evidence of RW1 and permit the petitioner to depose evidence. A.No.1510/2022:
This application praying that this Hon'ble Court be pleased to reopen the evidence which was closed by this Hon'ble court on 09/08/2019. These applications are coming on this day before this court for hearing the court made the following order:
This Court ordered joint enquiry in both the original petitions and the evidence was also recorded.
2. Now the first respondent in O.P.No.122 of 2018 has filed A.No.1509 of 2022 to reopen the evidence of RW1 which was closed on 09.08.2019 and A.No.1510 of 2022 to recall the evidence of RW1.
3. The reasons stated in the accompanying affidavits are satisfied and these application are allowed.
4. Accordingly, the evidence of RW1 is recalled and reopened. RW1 is directed to appear before the learned Additional Master-1 on 19.04.2022 and the applicant's counsel is directed to complete the cross examination on the same day itself.
Sd/.P.V.J.
05.04.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU./11.04.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.