R.Chelliayee And Another v. R.Lakshmi

A.No.2809 of 2020 A.No.2809 of 2020 in O.P.No.373 of 2005 C.V.KARTHIKEYAN,J., This application has been filed seeking permission to withdraw a sum of Rs.3,50,933/- deposited to the credit of the present Original Petition namely O.P.No.373/2005.

2. In the affidavit, the applicant has stated that she was the daughter of S.Rangasamy. The marriage between her mother, R.Chellayee and S.Rangasamy had taken place in the year 1967 at Lalgudi. S.Rangasamy died on 19.04.2004. Thereafter, the respondent herein, R.Lakshmi also claimed to be the wife of S.Rangasamy and filed the present Original Petition seeking issuance of Succession Certificate.

3. S.Rangasamy was working in the Public Works Department. Thereafter, the Succession Certificate was issued on 02.08.2005. Consequent to that, the Public Works Department deposited a sum of Rs.3,50,933/- to the credit of the present Original Petition.

4. The applicant herein then, filed application No.3558/2005 to revoke the Succession Certificate. That application was allowed by this Court. Thereafter, the applicant herein had filed the Original Petition No.18 of 2004 before the Sub Court at Trichy and by an order dated 22.09.2010, Succession Certificate was granted in favour of the applicant herein. 1/2 https://www.mhc.tn.gov.in/judis

A.No.2809 of 2020 C.V.KARTHIKEYAN,J., ssi

5. The respondent had taken out application before the Sub Court at Trichy, but the same has been dismissed. Therefore, the applicant alone is now entitled to the amount which had been deposited in to the Court.

6. In view of the above, the petition stands allowed. Registry may issue necessary process to permit the applicant to withdraw the said amount by following due procedure. The said procedure to be completed on or before 16.12.2022.

29.11.2022 ssi A.No.2809 of 2020 in O.P.No.373 of 2005 2/2 https://www.mhc.tn.gov.in/judis