Will Of L.Sundaram v. S.Saraswathy And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 26TH DAY OF FEBRUARY 2021 THE HON'BLE MR. JUSTICE P. RAJAMANICKAM T.O.S.No. 48 of 2016 In the matter of the Indian Succession Act XXXIX of 1925, and In the matter of the Last Will and Testament of L.Sundaram - deceased.
L.S. Sarvendra Gupta S/o. L.Sundaram No.55/69, Second Floor, Lakshmi Talkies Road, Shenoy Nagar, Chennai - 600 030.
... Petitioner/Plaintiff -Vs- *1. LS Saraswathy (Deceased) W/o. Late L.Sundaram 2.
LS Anandan S/o. Late. L.Sundaram 3.
LS Srinivasan, S/o. Late. L.Sundaram All are residing at No.56/71, Lakshmi Talkies Road, Shenoy Nagar, Chennai - 600 030.
... Caveators/Defendants 1 to 3 * The 2nd and 3rd Defendants above named are recorded as the legal heirs of Deceased 1st Defendant by Order dt.19/9/18 in Appln.No.7115 and Appln.No.7116 of 2018.
Testamentary Original Suit praying that letters of Administration with the will annexed to the properties and credits of deceased may be granted to him as the son/beneficiary under the will of deceased L.Sundaram having effect limited to the State of Tamil Nadu.
This Testamentary Original Suit coming on this day before this court for hearing in the presence of Mr.G.Surya Narayanan, advocate for the plaintiff herein and Mr.C.P.Palanichamy, advocate for the defendants herein and upon reading the petition filed herein and the learned counsel for the plaintiff having made an endorsement on the petition stating that "In view of settlement the testamentary original suit is withdrawn", it is ordered:- That the suit in T.O.S.No.48 of 2016 be and is hereby dismissed as withdrawn.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 26TH DAY OF FEBRUARY 2021.
Sd/- JOINT REGISTRAR (O.S.) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
ED 29.10.2021 T.O.S.No.48 of 2016 ORDER :
DATED : 26/02/2021 THE HON'BLE MR. JUSTICE P. RAJAMANICKAM FOR APPROVAL : 17/11/2021 APPROVED ON : 17/11/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2021
CORAM
THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM TOS.No.48 of 2016 L.S.Sarvendra Gupta ...Plaintiff Vs.
1.L.S.Saraswathy(Deceased) 2.L.S.Anandan 3.L.S.Srinivasan ...Defendants (Defendants 2 and 3 are recorded as LRs of the deceased 1st defendant as per order dated 19.09.2018 in Appl.Nos.7115 & 7116/2018) Prayer: Petition in O.P. No. 15 of 2014 filed under Sections 232 and 276 of the Indian Succession Act, XXXIX of 1925 for the grant of Letters of Administration, as per the order of the Court dated 22.07.2016 in O.P.No.15 of 2014, has been converted into Testamentary Original Suit.
For Plaintiff : Mr.G.Surya Narayanan For Defendants : Mr.C.P.Palanichamy for D1 to D3
ORDER
The learned counsel for the plaintiff made an endorsement as "In view of settlement the testamentary original suit is withdrawn."
2. In view of the aforesaid endorsement, the Testamentary Original Suit is dismissed as withdrawn.
Sd./- P.R.M.J.
26.02.2021 //Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.