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Madras High CourtTOS/21/2022decreed

Udaya Chandrika And Another v. Padmini And 2 Others

2024-04-01Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI TOS.Nos.21 of 2022 & 38 of 2023 TOS.No.21 of 2022:

1.Udaya Chandrika 2.L.Prabhakaran ... Plaintiffs Vs.

1.K.Selvakumar (Deceased) 2.Padmini 3.Kokila 4.Rajeswari ... Defendants [1st respondent died, 2nd and 3rd respondents recognized as LR's of the deceased 1st respondent and 5th respondent brought on record as LR of the deceased 1st respondent and amended as per order dated 23.03.2021 in A.No.1105 of 2021 in O.P.No.1055 of 2019] PRAYER: The Testamentary Original Suit filed under Indian Succession Act XXXIX of 1925, to grant Letters of Administration with the Will annexed to the petitioners , the daughter and grandchildren beneficing under the Will having effect throughout the State of Tamil Nadu.

For Plaintiffs : Mr.M.Kamalakannan For Defendants For D1 to D3 : Mr.V.G.Anbarasu For D4 : Mr.B.Jawahar TOS.No.38 of 2023:

1.S.Padmini 2.S.Kolkila ... Plaintiffs Vs.

1.L.Udaya Chandrika 2.L.Prabhakaran 3.L.Rajeswari 4.K.Ragini ... Defendants PRAYER: The Testamentary Original Suit filed under Indian Succession Act XXXIX of 1925, to grant the Letters of Administration with the last Will and testament dated 23.02.1995 annexed to the petitioners, the Grand daughters and being beneficiaries under the Will of the said deceased having effect throughout the State of Tamil Nadu and limited to assets mentioned with the affidavit of assets.

For Plaintiffs : Mr.V.G.Anbarasu For Defendants For D1 to D3 : Mr.M.Kamalakannan For D4 : Mr.B.Sethupathy ***** COMMON JUDGMENT

Both the Testamentary Original Suits were referred to the Mediation Centre and before the Mediator appointed by this Court, the parties have arrived at a Joint Memorandum of Compromise.

2.A plan showing the layout of the properties is also attached along with the Joint Memorandum of Compromise which shall form part and parcel of the Joint Memorandum of Compromise.

3.These Testamentary Original Suits are decreed in terms of the joint memorandum of compromise which shall form part and parcel of the decree. 4.In view of the grant of Letters of Administration in TOS.No.21 of 2022 as well as TOS.No.38 of 2023, the plaintiffs in the respective Testamentary Original Suit shall execute a bond for a sum of Rs.25,000/- before the II Assistant Registrar, Original Side, within a period of eight weeks from today. Thereafter, the Registry shall issue the Letters of Administration annexing the Joint Memorandum of Compromise, along with the plan, to the respective plaintiffs. There shall be no order as to costs. 01.04.2024 ata Index:yes/no Internet:yes/no

P.B.BALAJI, J.

ata TOS.Nos.21 of 2022 & 38 of 2023 01.04.2024