Mr.Krishnamurthy Mahesh v. Mr.M.L.Narayan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 10TH DAY OF JANUARY 2022 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE A. No.3598 of 2021 in O.P.No.329 of 2013 In the matter of Indian Succession Act, XXXIX of and In the matter of Last Will and Testament of Miss.M.I.Saraswathy (deceased) MR.KRISHNAMURTHY MAHESH, S/O.LATE M.KRISHNAMURTHY, FLAT NO.1-B, ASHLAR PALACE, 4TH MAIN ROAD EXTENSION, KOTTURPURAM, CHENNAI-600 085 ..PETITIONER -VsMR.M.L.NARAYAN S/O.LATE MAHADEVA IYER, DOOR NO.40, KENDRIYA VIHAR, SECTOR 56, GURGAON - 122 003, STATE OF HARYANA ..RESPONDENT
A.NO.3548 OF 2021:
MR.KRISHNAMURTHY MAHESH, S/O.LATE M.KRISHNAMURTHY, FLAT NO.1-B, ASHLAR PALACE, 4TH MAIN ROAD EXTENSION, KOTTURPURAM, CHENNAI-600 085 ..PETITIONER -VsMR.M.L.NARAYAN S/O.LATE MAHADEVA IYER, DX 40, KENDRIYA VIHAR, SECTOR 56, GURGAON - 122 003, STATE OF HARYANA ..RESPONDENT This application praying that this Hon'ble Court be pleased to grant permission for sale in the above said Letters of Administration's property. This application coming on this day before this court for hearing the court made the following order:- This application has been filed seeking permission of this Court to sell the property which is the subject matter of the Letters of Administration granted by this Court on 30.01.2015 in O.P. No.329 of 2013.
2. The petitioner in O.P. No.329 of 2013 has filed this application. In the affidavit filed in support of this application, he has stated that he has a daughter by name Chinmaye Mahesh and a son by name Bhaskaran Mahesh. He has further stated that his son, who has completed B.Tech in
Sastra University, Tanjore is desirous of going for higher studies in Australia, for which money is required. He has also stated that he does not have any other source of income and he has also become old. In such circumstances, he has sought for permission to sell the property which is the subject matter of the Letters of Administration granted in his favour by this Court on 30.01.2015.
3. This Court after giving due consideration to the averments contained in the application filed in support of this O.P. and after hearing the submissions made by the learned counsel for the applicant / petitioner is inclined to grant the permission sought for by the applicant. Accordingly, A. No.3598 of 2021 is allowed as prayed for and the applicant is permitted to sell the property which is the subject matter of the Letters of Administration granted by this Court on 30.01.2015 in O.P. No.329 of 2013 in favour of the petitioner.
Sd/.A.Q.J.
10.01.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU./20.01.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.