Tmt.K.T.Jothi v. E.Sambasivan (Died) J.S.Metha (Died) 1.Karmukil And 7 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 30TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN A.No.1927 of 2021 in TOS. No.40 of 1995 In the mater of Indian Succession Act, XXXIX of 1925 and In the matter of the Last Will and Testament of T.A.Ganesan - (Deceased) Tmt.K.T.Jothi, W/o.Venkataramaraju residing at No.29, Padmanabhan Street, T.Nagar, Madras-600 017.
... Petitioner -Versus1. E.Sambasivan (died)
2. J.S.Metha(died)
3. Karmukil, 29, Padmanabhan Street, T.Nagar, Madras-600 017.
4. Poonghuzhali, A-4, 80, Shanthi Colony, Anna Nagar, Chennai-600 040.
*The defendants 3 & 4 are impleaded as legal representatives of the deceased first defendant as per order dated 28.06.2005 in A. No.2541 of 2005
5. K.T.RUKMANI GANESAN CULTURAL FORUM, Rep.by its Trustee-Secretary C.Ramanatha Rao. (died), Dr.N.Murugesan President, No.7, Chandra Lodge Gandhi-Irwin road, Egmore, Chennai-600 008.
5th defendant is represented by Dr.N.Murugesan, as per the modified order in A.No.110 of 2020 dated 10.1.2020
6. T.PONNADIYAN S/o.V.T.Nathan, 43. Duraisamy Street, Vadapalani, Chennai-600 026
7. C.RAMANATHA RAO (DIED) D5 to D7 are to be impleaded as per order in A.No.3212 of 2005 Dated 24.07.2005
8. DR.N.MURUGESAN S/o.Narayanasamy, No.16, M.R.R.Tower, 3rd Street, Sastha Nagar Valasarawakkam, Chennai-600 087
9. B.VEERARAGHAVAN S/o.V.Balakrishnan, No.10/564,10th Block, Mogappair East, Chennai-600 037
10. DR.S.S.KUMAR S/o.D.Shanmugasundaram, No.9, Bhagirathi Amman Street, Ondikuppam, Manavala Nagar, Thiruvallur-602 002 Defendants 8 to 10 are impleaded as as per A.No.109 of 2020 as per order dated 9-1-2020 ..Defendants
A.No.1927 of 2021:
Tmt.K.T.Jothi, W/o.Venkataramaraju, 29, Padmanabhan Street, T.Nagar, Chennai-600 017 ..Applicant/Plaintiff -VsE.Sambasivan (died) J.S.Metha (died)
1. Karmukil, 29, Padmanabhan Street, T.Nagar, Madras-600 017.
2. Poonghuzhali A-4, 80, Shanthi Colony, Anna Nagar, Chennai-600 040.
3. K.T.RUKMANI GANESAN Cultural Forum, Rep.by its Trustee-Secretary C.Ramanatha Rao. (died), Dr.N.Murugesan President, No.7, Chandra Lodge Gandhi-Irwin road, Egmore, Chennai-600 008.
5th defendant is represented by Dr.N.Murugesan, as per the modified order in A.No.110 of 2020 dated 10.1.2020
4. T.PONNADIYAN S/o.V.T.Nathan, 43, Duraisamy Street, Vadapalani, Chennai-600 026 C.RAMANATHA RAO (DIED) DEFENDANTS 5 to 7 are to be impleted as per order in A.No.3212/2005 dated 27.04.2016
5. DR.N.MURUGESAN S/o.Narayanasamy, No.16, M.R.R.Tower, 3rd Street, Sastha Nagar Valasarawakkam, Chennai-600 087
6. B.VEERARAGHAVAN S/o.V.Balakrishnan, No.10/564,10th Block, Mogappair East, Chennai-600 037
7. DR.S.S.KUMAR S/o.D.Shanmugasundaram, No.9, Bhagirathi Amman Street, Ondikuppam, Manavala Nagar, Thiruvallur-602 002 Defendants 8 to 10 are impleaded as per A.No.109 of 2020 as per order dated 9.1.2020 ..Respondents/Defendants
8. THE ADMINISTRATOR GENERAL AND OFFICIAL TRUSTEE High Court Campus, Chennai - 600 104.
..Proposed Party Application praying that this Hon'ble Court be pleased to permit the plaintiff to implead the Administrator General and Official Trustee as necessary party to look after the alleged interest of the 2nd Respondent in T.O.S.NO.40 of 1995 and for proper adjudication.
This application coming on this day before this court for hearing, the court made the following order:
This application has been filed seeking to implead the Administrator General and Official Trustee to represent the estate of the 2nd defendant, Mr.J.S.Metha, who has died pending the proceedings. 2.It is seen from the earlier orders that Mr.J.S.Metha has filed a caveat in Caveat No.155 of 1992 in the original petition. It is also seen that the said J.S.Metha had filed O.P.No.747 of 1992 seeking letters of administration for the Will said to have been executed by Mr.T.A.Ganesan. The said Original Petition was converted into a Testamentary Original Suit as TOS.No.41 of 1995. It is not in dispute that TOS.No.41 of 1995 has been dismissed for default and no steps have been taken to restore the same. 3.It is stated that the said J.S.
Metha died without heirs and therefore, the Administrator General and Official Trustee is sought to be impleaded. No doubt, the Caveat was filed by the said J.S.Metha in the proceedings, which was the subject matter of TOS.No.41 of 1995. Now that the TOS.No.
Mr.J.S.Metha in this Testamentary Original Suit. Therefore, this application for impleading the Administrator General and Official Trustee is dismissed. Sd/-R.S.M.J.
30.07.2021 //Certified to be a true copy// Dated this the day of 2021 SU/03.08.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.