N.Sivasubramanian v. B.Hari Haran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN TOS.No.40 of 2022 N.Sivasubramanian ..Petitioner/ Plaintiff Vs.

B.Hari Haran ...Caveator/Defendant PRAYER:Testamentary Original Suit filed under Sections 222 and 276 of the Indian Succession Act XXXIX of 1925 for the grant of Probate. As per the order of the learned Master, dated 26.09.2022 in OP.No.227 of 2022, the Original Petition has been converted into Testamentary Original Suit No.40 of 2022.

For Plaintiff : Mr.Francis Cedric D'Cruz for M/s.P.B. Ramanujam For Defendant : Mr.M/s.C.A. Diwakar Mediator : Mrs. P. Bhuvaneswari

JUDGMENT

When this matter is taken up for hearing today, the learned counsel for the plaintiff as well as the learned counsel for the defendant submitted that the matter has been compromised between the parties before the Mediation Centre. Pursuant to the same, they have filed a Memorandum of 1/3

Understanding dated 29.06.2024 which has been duly signed by some of the parties in Original Petition and their respective counsel. But the petitioner/plaintiff has not signed on it.

2. However, today, the petitioner/plaintiff has made an endorsement in the plaint as follows:

"I have read the contents of the MOU dated 27.0.6.2024 entered into between the beneficiaries/legal heirs of the Estate of late S.Banumathi on this date. I hereby indicate my consent and have no objection to the terms stated therein. "

3. The said Memorandum of Understanding is recorded.

4. In view of the same, the suit is disposed of. The above Memorandum of Understanding shall form part of the record.

5. The entire Court Fee is ordered to be refunded to the plaintiff as per law.

Gv 21.01.2025 2/3

A.A.NAKKIRAN,J.

Gv TOS.No.40 of 2022 21.01.2025 3/3