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Madras High CourtOP/877/2019ordered

Sivagamasundari v. Amlu

2021-07-30Honourable Mr Justice V. Parthiban7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 30TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN O.P. No.877 of 2019 In the matter of Indian Succession Act, (XXXIX of 1925) and In the matter of Estate of P.Vadivel Mudaliar - Died intestate.

1.Smt.Sivagamasundari, w/o. Gnanaprakasam d/o. Late P. Vadivel Mudaliar, No. 26/71, Nallappa Vathiyar Street, Old Washermanpet, Chennai-600 021.

2. Smt. Sivasankari, W/o. Dayalan, d/o. Late P.Vadivel Mudaliar, No. 14/1065, Panjali Nagar, Renigunta, Chittor District, Andhra Pradesh - 517 520.

. . . Petitioner

Versus

1. Ms.Amlu

2. Ms. Amsa

3. Ms. Nirmala

4. Ms. Deepa R1 to R4 are the daughters of late Manivasagam.

5. Ms. Nalini

6. Mr. Diwakar

7. Mr. Kumar

8. Mr.Dinesh

9. Ms. .Ganga 10.Mr. Shankar 11.Mr. Kutty R5 to R11 are the legal heirs of late Jamuna. All the residing at No. 6, Sundareshwarar Street, (Near Sivasami Kalalaya School) Mylapore, Chennai - 600 004.

. . . Respondents O.P. No.144 of 2021 The Original Petition praying that this Hon'ble Court be pleased to grant Letters of Administration to the properties and credits of the deceased P. Vadivel Mudaliar, in favour of the petitioners to have effect throughout the State of Tamil Nadu and thus render justice. This Original Petition coming on this day before this court for hearing in the presence of Mr.N. Ganesh. Advocate for the petitioners herein and upon reading the petition and the memo dated 12/07/2021 filed herein and this court doth recording the said memo and it is ordered as follows:-

That the O.P. No.877 of 2019 be and is hereby dismissed as withdrawn.

WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT OF MADRAS AFORESAID, THIS THE 30TH DAY OF JULY 2021.

Sd/- ASSISTANT REGISTRAR (O.S.II) //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.

NS 22.09.2021 O.P. No.877 of 2019

ORDER

DATED 30/07/2021 THE HON'BLE MR. JUSTICE V. PARTHIBAN FOR APPROVAL: 04/10/2021 APPROVED ON:05/10/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 30TH DAY OF JULY 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN O.P. No.877 of 2019 In the matter of Indian Succession Act, (XXXIX of 1925) and In the matter of Estate of P.Vadivel Mudaliar - Died intestate.

1.Smt.Sivagamasundari, w/o. Gnanaprakasam d/o. Late P. Vadivel Mudaliar, No. 26/71, Nallappa Vathiyar Street, Old Washermanpet, Chennai-600 021.

2. Smt. Sivasankari, W/o. Dayalan, d/o. Late P.Vadivel Mudaliar, No. 14/1065, Panjali Nagar, Renigunta, Chittor District, Andhra Pradesh - 517 520.

. . . Petitioner

Versus

1. Ms.Amlu

2. Ms. Amsa

3. Ms. Nirmala

4. Ms. Deepa R1 to R4 are the daughters of late Manivasagam.

5. Ms. Nalini

6. Mr. Diwakar

7. Mr. Kumar

8. Mr.Dinesh

9. Ms. .Ganga 10.Mr. Shankar 11.Mr. Kutty R5 to R11 are the legal heirs of late Jamuna. All the residing at No. 6, Sundareshwarar Street, (Near Sivasami Kalalaya School) Mylapore, Chennai - 600 004.

. . . Respondents O.P. No.144 of 2021 The Original Petition praying that this Hon'ble Court be pleased to grant Letters of Administration to the properties and credits of the deceased P. Vadivel Mudaliar, in favour of the petitioners to have effect throughout the State of Tamil Nadu and thus render justice. This Original Petition coming on this day before this Court for hearing the court made the following order.

This Original Petition has been filed under Section 218 and 278 of the Indian Succession Act and Order XXV, Rule 5 of the O.S.Rules for grant of Letters of Administration.

2. When the matter is taken up today, the learned counsel for the petitioners submitted that they have filed a Memo on behalf of the petitioners for withdrawal of the Original Petition. The said Memo dated 12.07.2021 filed on behalf of the petitioners reads as follows:

"It is most respectfully submitted that the above original petition, the parties were settled their disputes out of Court and arrived an arrangement between themselves. The petitioners consented and duly instructed to withdraw the above case, in virtue of their mutual arrangements.

Hence, this Hon'ble Court may be pleased to record this memo and may be permitted the petitioners to withdraw the above case.

The Petitioners are also signed this memo as token of acceptance of the withdrawn and thus render justice.

3. The said Memo dated 12.07.2021 was signed by both the petitioners as well as the learned counsel for the petitioners. The said Memo dated 12.07.2021 is recorded. Accordingly, the Original Petition is dismissed as withdrawn.

Sd/- V.P.N.J.

30/07/2021 //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.