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Madras High CourtA/1562/2022allowed

Bala Amirthavalli @ Amirtham v. Shanthi

2022-04-25Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 25TH DAY OF APRIL 2022 THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN A.Nos.1562 and 1563 of 2022 in T.O.S.No.13 of 2021 In the matter of the Indian Succession Act XXXIX of 1925;

and In the matter of Last Will and Testament of P.V.Karuppuswamy Thevar @ P.V.K.Swami (Deceased) dated 23.05.2010 SHANTHI W/o.(Late ) Boobalan, Old No.49, New No.10, 3rd Floor, 1st Main Road, East Shenoy Nagar, Chennai-600 030 ..Petitioner/Plaintiff -VsBALA AMIRTHAVALLI @ AMIRTHAM W/o.S.P.Kandasamy Thevar, 10/429, S.P.K.Illam, Kanyakumari Road, Sayalkudi-623 120 ..Caveator/Defendant A.Nos.1562 and 1563 of 2022:

Mrs.BALA AMIRTHAVALLI @ AMIRTHAM W/o.Mr.S.P.Kandasamy Thevar, 10/429, S.P.K.Illam,

Kanyakumari Road, Sayalkudi-623 120 ..Applicant/Applicant/Defendant SMT.SHANTHI W/o.(Late ) MR.Boobalan, Old No.49, New No.10, 3rd Floor, 1st Main Road, East Shenoy Nagar, Chennai-600 030 ..Respondent/Respondent/Plaintiff A.No.1562 of 2022:

This application praying that this Hon'ble court be pleased to pass an order of interim Stay of all proceedings of the case in O.S.No.2332 of 2019 on the file of the I Additional City Civil Court Chennai pending disposal of the Transfer Application by this Hon'ble High Court. A.No.1563 of 2022:

This application praying that this Hon'ble court be pleased to pass an order of interim Stay of all proceedings of the case in O.S.No.8308 of 2019 on the file of the I Additional City Civil Court Chennai pending disposal of the Transfer Application by this Hon'ble High Court. These original applications are coming on this day before this Court for hearing, the court made the following order:-

The present applications are filed by the applicant / defendant to pass an order of Interim stay of all proceedings of the case in O.S.Nos.2332 and 8308 of 2019 on the file of the learned I Additional City Civil Court, Chennai pending disposal of the Transfer Applications respectively.

2. Heard both sides.

3. In view of the order passed in A.Nos.1560 and 1561 of 2022, wherein, the suits in O.S.No.2332 and 8308 of 2019 are directed to be withdrawn and transferred from the file of learned I Additional Judge, City Civil Court, Chennai to the file of this Court and posted for trial before the learned Master III along with the present suit, these applications closed. Sd/-V.B.S.J.

25.04.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU/29.04.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.