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Madras High CourtTOS/25/2015decree in terms of memo of comprom

Will Of V.Saraswathi v. V.Chamundeswari

2023-06-09Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA S.Sarojini ... Plaintiff Vs.

V.Chamundeswari ... Defendant PRAYER : Testamentary Original Suit filed under Sections 222 and 276 of the Indian Succession Act read with Order XXV Rule 4 of the Original Side Rules, praying to allow the plaintiff to prove the Will in common form and the probate may be granted to the plaintiff with respect of the Will dated 21.10.2013 executed by the deceased Smt.V.Saraswathi having effect limited to the State of Tamil Nadu.

For Plaintiff : Mr.S.Krishnasamy For Defendant : Mr.S.Udayakumar

JUDGMENT

The Testamentary Original Suit has been filed to allow the plaintiff to prove the Will in common form and to grant probate to the plaintiff with respect of the Will dated 21.10.2013 executed by the deceased Smt.V.Saraswathi having effect limited to the State of Tamil Nadu.

2. When the matter was taken up for hearing, the learned counsels for both sides submitted that the parties have entered into compromise and a memo to that effect has also been filed.

3. Both the plaintiff and the defendant appeared through Video Conferencing and they have been identified by their respective counsels. The terms of compromise has been filed and it was read over to the parties and they understood and accepted the same and stated that that they had affixed their signatures in the terms of compromise after having known the contents and accepted the same. The terms of compromise is recorded and the suit is decreed in terms of compromise.

4. In the result, this Testamentary Original Suit is decreed in terms of compromise and the Registry is directed to grant probate in favour of the plaintiff. The memo of compromise is also recorded and it shall form part of the order. No costs.

09.06.2023 Index : yes / no Internet : yes / no gsk

R.N.MANJULA,J.

gsk 09.06.2023