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Madras High CourtTOS/58/2016dismissed as settled out of court

Will Of N.Baby Ammal v. N.Suresh Babu

2022-04-04Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 4TH DAY OF APRIL 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN TOS.No.58 of 2016 (O.P.No.337 of 2015) In the matter of the Indian Succession Act XXXIX of 1925;

and In the matter of the last Will and Testament of N.Baby Ammal - Deceased Bojja Janardhana Rao, S/o.Dharma Raju, Door No.31-7-19, Yallavari Street, Kakinada, East Godavari District, Andhra Pradesh ...Plaintiff/Petitioner vs N.Suresh Babu, S/o.Late Narasimhulu Chetty, Suresh Pawn Brokers Shop, Nagulapuram Road, Uttukottai 602 026 ...Caveator/Defendant Testamentary Original Suit praying that this Hon'ble Court be pleased to pass an order that the petitioner may be allowed to prove the Will of N.Baby Ammal deceased dated 21.03.2005 in common form, and that probate thereof, to have effect throughout the Union of India and limited to the property mentioned in the affidavit of assets may be granted to him.

This Testamentary Original Suit coming on this day before this Court for hearing in the presence of Mr.C.P.Sivamohan, Advocate for the Plaintiff herein and the defendant herein not appearing in person or by advocate and upon reading the petition filed herein and the learned counsel for the plaintiff herein having submitted that the matter has been settled out of Court between the parties and they want to withdraw the suit and hence, he sought permission of this Court to withdraw the suit as settled out of Court and also made an endorsement in the petition stating that "May be pleased to dismiss as settled out of Court and refund of court fee may be ordered", It is ordered as follows :- That the suit in TOS.No.58 of 2016 be and is hereby dismissed as settled out of Court.

2. That a certificate under Section 69 of The Tamil Nadu Court Fees and Suits Valuation Act XIV of 1955, do issue herein, out of and under the seal of this Court in favour of Bojja Janardhana Rao, the Plaintiff herein, authorising him to receive from the Pay and Accounts office, High Court, Madras, a sum of Rs.4215/- (Rupees Four Thousand Two Hundred and Fifteen only) being the entire Court fee paid on the plaint by the plaintiff herein.

3. That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 04TH DAY OF APRIL 2022.

Sd./- JOINT REGISTRAR (O.S) //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.

DL 15.06.2022 TOS.No.58 of 2016 (O.P.No.337 of 2015)

ORDER

DATED : 04.04.2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL: 22.06.2022 APPROVED ON : 22.06.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2022

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN T.O.S. No.58 of 2016 in O.P. No.337 of 2015 Bojja Janardhana Rao, ...Plaintiff .Vs.

N. Suresh Babu, ... Defendant Prayer:

T.O.S. Numbered on conversion of O.P No.337 of 2015 as per the order dated 03.08.2016 in O.P.No.337 of 2015 which has been filed praying for grant of Probate.

For Plaintiff : Mr. C.P. Sivamohan For Defendant : No Appearance ********

J U D G M E N T

When the matter is taken up today for hearing, the learned counsel for the plaintiff submits that the matter has been settled out of Court between the parties and they want to withdraw the suit. Hence, he sought permission of this Court to withdraw the suit as settled out of Court. He has also made an endorsement in the plaint accordingly.

2. In view of the aforesaid submissions and endorsement made by the learned counsel for the plaintiff, the Testamentary Original Suit is dismissed as settled out of Court. The plaintiff is entitled for refund of Court Fee in accordance with the Rules. No Costs.

Sd./-V.B.S.J.

04.04.2022 //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.