Mohan Krishna Alias Mohanakrishna Shekar v. Surya Alias Suriya And 5 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 19.12.2024 Pronounced On: 21.12.2024
CORAM
THE HONOURABLE DR JUSTICE G. JAYACHANDRAN in O.P.No.546 of 2024 MR.Mohan Krishna @ Mohanakrishna Shekar, S/o.Mr.Shekar K. Naidu, 3/115, Sathya Nagar, 3rd Street, Manapakkam, Ramapuram, Chennai 600 089.
... Applicant/Plaintiff /versus/
1. Mrs.Surya @ Suriya, W/o Late Mr.M.Jayachandran, 10/31, Pearl Pranav Apartments, Opposite Canara Bank, Door No. S2, 2nd Floor, Habibullah Road, T. Nagar, Chennai 600017.
2. M.Harikanth S/o. Late M.Jayachandran, No.161, 1st Main Road, R.K.Layout 1st Floor, Padmanabha Nagar, BSK 2nd Stage, Bengaluru 560 070.
3. M.C.Yashwanth S/o. Late M.Chandrakanth, 10/31, Pearl Pranav Apartments, Opposite Canara Bank, Door No.S1, Habibullah Road, T.Nagar, Chennai 600 017.
1/5
4. M.Kavitha W/o. Late Mr.M.Chandrakanth 10/31, Pearl Pranav Apartments, Opposite Canara bank, Door No.S1, Habibullah Road, T.Nagar, Chennai 600 017.
5. M.Mohana Krishna S/o. late M.Jayachandran, 10/31, Pearl Pranav Apartments, Opposite Canara bank, Door No.S2, Habibullah Road, T.Nagar, Chennai 600 017.
6. Damodar S/o. Shekar K.Naidu, 3/115, Sathya Nagar, 3rd Street, Manapakkam, Ramapuram, Chennai 600 089.
... Respondents Prayer : This application is under Order XIV Rule 8 of the Madras High Court Original Side Rules read with Order VI Rule 17 of C.P.C., 1908, pleased to amend Schedule 'C' in the petition for probate in Original Petition No.546 of 2024.
For Applicant : Mr.G.Vijaya Anand For R1 to R5 : Ms.Geetha Vijay Anand 2/5
O R D E R
This application is filed to amend the description of the schedule 'C' property mentioned in O.P.No.546/2024, filed for grant of probate in the matter of the last Will and testament of Late M.Jayachandran.
2. The applicant/petitioner is one of the Executor named in the Will, dated 20/07/2023. The testator M.Jayachandraan died on 04/02/2024 at Chennai.
3. Due to typographical error, the description of the Schedule 'C' property wrongly mentioned as :- "All that piece and parcel of property THE RESIDENTIAL APARTMENT bearing Flat No.A1 (F3) 1st floor Pearl Pranav Apartment at No.10/3, Habibullah Road, T.Nagar, Chennai- 17, comprised in Survey No.8418/7 in Block No.l09, T.Nagar Village, measuring plinth area of 1304 sq.ft of residential apartment along with 653 sq.ft out of 2375 sq.ft of undivided share of land along with one covered car park within the Sub Registration District of T.Nagar and Registration District of South Chennai"
"All that piece and parcel of property THE RESIDENTIAL APARTMENT bearing Flat No.C1 (F4) 1st floor Pearl Pranav Apartment at No.10/31, 3/5
Habibullah Road, T.Nagar, Chennai- 17, comprised in Survey No.8418/7 in Block No.109, T.Nagar Village, measuring plinth area of 966 sq.ft of residential apartment along with 488 sq.ft out of 2375 sq.ft of undivided share of land along with one covered car park within the Sub Registration District of T.Nagar and Registration District of South Chennai."
Instead of:
"All piece and parcel of the two apartments situated in Door Nos.Flat-3 and Flat-4, New No:31, 4th Floor, Pearl Pranav Apartments, Habbibullah Road, T. Nagar, Chennai 600017, along with terrace, open space measuring about 945 square feet and one covered car park lying within the SubRegistration District of T, Nagar and Registration District of South Chennai"
3. Hence, seek for the amendment to the description of the properties mentioned in Schedule 'C'. The respondents are the next of kin and persons interested in the estate of Late.Jayachandran. The learned counsel for the respondents states that there is no objection for the amendment sought.
4. Considering the reasons stated, A.No.5583 of 2024 to amend schedule 'C' in the original petition is allowed. 21.12.2024 Index : Yes/No.
bsm 4/5
Dr.G.JAYACHANDRAN,J.
bsm Pre-delivery order made in in O.P.No.546 of 2024 21.12.2024 5/5