Madras High CourtTOS/23/2023decree in terms of memo of comprom

S.Prema v. G.Lakshmi

2024-09-23Honourable Mr Justice A.A.Nakkiran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN T.O.S No.23 of 2023 (OP.No.285 of 2022) S. Prema ... Petitioner/plaintiff G.Lakshmi ... Respondent/Defendant Prayer: Testamentary Original Suit filed under Sections 232 and 276 of the Indian Succession Act XXXIX of 1925 for the grant of Letters of Administration. As per order of this court dated 27.04.2023 in OP.No.285 of 2022, the Original Petition has been converted into Testamentary Original Suit No.23 of 2023.

For Plaintiff : M/s.C.Karthik For Respondent : Mr.D.Velmurugan

J U D G M E N T

The Testamentary Original Suit is filed for grant of Letters of Administration in respect of the last Will and Testament of the deceased M.Sathiammal.

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2. Both the parties are present with their respective counsel.

3. Learned counsel for the plaintiff has filed a consent affidavit of the defendant and both the learned counsel have filed a joint compromise memo.

4. Considering the fact that the plaintiff and defendant have filed a joint compromise memo for grant of Letters of Administration, this Court is of the view that the plaintiff is entitled for the issuance of Letters of Administration in her favour.

5. Accordingly, this Testamentary Original Suit is decreed as prayed for in terms of compromise memo and consent affidavit. Issue Letters of Administration in respect of the Will dated 13.02.2009 in favour of the plaintiff. The plaintiff is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The plaintiff is also directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the Assistant Registrar (O.S.II), High Court, Madras. The plaintiff is further directed to render true and correct accounts once in a year.

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6. The said joint compromise memo shall form part and parcel of the decree.

7. Considering the relationship between the parties, there shall be no order as to costs.

23.09. 2024 Index : Yes/No Speaking/Non-speaking order gv A.A.NAKKIRAN,J.

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gv T.O.S No.23 of 2023 (OP.No.285 of 2022) 23.09.2024 4/4