Will Of T.Kandaswamy Chettiar v. R.Devaki
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 24TH DAY OF JANUARY 2022 THE HON'BLE MR. JUSTICE N.SESHASAYEE and A. No.3257 of 2020 T.O.S.No.15 of 2015:- In the matter of the Indian Succession Act XXXIX of 1925, and In the matter of Last Will and Testament of T.Kandaswamy Chettiar - Deceased.
T.K.Somasundaram, S/o. Late. Mr. T.Kandaswamy Chettiar, No.16, Murthi Avenue, III Street, Lakshmi Nagar Extension, Porur, Chennai - 600 116.
...Petitioner / Plaintiff
vs R.Devaki Old No.53, New No.111, St.Xavier Street, Chennai - 600 001.
...Caveator / Defendant Testamentary Original Suit praying that this Hon'ble Court be pleased to for the Letters of Administration with the will annexed may be granted to him as son/one of the Beneficiary under the Will of the said deceased having effect limited to the state of Tamil Nadu.
A. No. 3257 of 2020:- In the matter of the Indian Succession Act 1925, and In the matter of Last Will and Testament of T.Kandaswamy Chettiar - Deceased.
R. Devaki Old No.53, New No.111, St.Xavier Street, Chennai - 600 001.
...Applicant/Defendant vs T.K. Somasundaram, S/o. Late. T. Kandaswamy Chettiar, No.16, Murthi Avenue, III Street, Lakshmi Nagar Extension, Porur, Chennai - 600 116.
...Respondent/Plaintiff
Application praying that this Hon'ble Court be pleased to direct the respondent to produce statement of Accounts in respect of the schedule mentioned properties from March 2015 to October 2020, and thereby directing the respondent to pay the rental income share of the applicant form March 2015 to October 2020 and continue to pay the same pending disposal of the above T.O.S. No.15 of 2015.
This Testamentary Original Suit alongwith the application coming on this day before this Court for hearing in the presence of Mr.N.Nagu Sah, Advocate for the plaintiff in T.O.S.No.15 of 2015 and for
the respondent in A.No.3257 of 2020 and M/s.G.Sumithra , Advocate for the defendants in T.O.S.No.15 of 2015 and for the Applicant in A.No.3257 of 2020 and upon reading the petition filed in T.O.S.No.15 of 2015 and Judge's Summons and the affidavit of R.Devaki filed in A.No.3257 of 2020 and the Counter Affidavit of T.K.Somasundaram filed in A.No.3257 of 2020 and the Rejoinder affidavit of R.Devaki filed in A.No.3257 of 2020 and the memo dated 26.12.2021 filed by the plaintiff herein, to that effect, it is ordered as follows:- That the suit in T.O.S.No.15 of 2015 be and is hereby dismissed as withdrawn.
2) That the A.No.3257 of 2020 do stand closed.
3) That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 24TH DAY OF JANUARY 2022. Sd/- JOINT REGISTRAR (O.S.) (i/c) //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.
ARS 28.02.2022 and A. No.3257 of 2020
ORDER
DATED : 24.01.2022 THE HON'BLE MR.JUSTICE N.SESHASAYEE FOR APPROVAL: 28.02.2022 APPROVED ON : 28.02.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE & A.No.3257 of 2020 Mr.T.K.Somasundaram.
S/o. Late Mr.T.Kandaswamy Chettiar, ... Plaintiff Vs.
R.Devaki ...Defendant Prayer: Petition filed under Section 232 and 276 of Indian Succession Act & OR. XXV Rule 5 of O.S.Rules.
For Plaintiff : Mr.N.Nagu Sah For Defendant : M/s.G.Sumithra
JUDGMENT
(This case has been heard through video conferencing) The learned counsel for the plaintiff seeks the leave of the Court to withdraw the suit and has also filed necessary memo to that effect.
2.In view of the above, the Suit is dismissed as withdrawn. No costs. Consequently, the connected Application is closed. Sd/- N.S.S.J.
24.01.2022 //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.