Will Of A.Jeevendran (Deceased v. Mrs.H.Parimaladevi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 24TH DAY OF FEBRUARY 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN T.O.S.No.36 of 2017 (O.P.No.785 of 2016) In the matter of the Indian Succession Act XXXIX of 1925 and In the matter of Last Will and Testament of A.Jeevenran - deceased Mr.J.Subash W/o.Late A.Jeevendran New No.45, Old No.17, Subbarayan 5th Street, Nammalwarpet, Chennai- 600 012
...Petitioner/Plaintiff
vs Mrs.H.Parimaladevi D/o.Late A.Jeevendran W/o.C.M.Heman Kumar No.2, Arugar Koil Street, Melmalayanur Post, Gingee Taluk, Villupuram District - 604 204 ...2nd Respnodent/Defendant Testamentary Original Suit praying that this Hon'ble Court may be pleased to grant Letter of Administration with the WILL annexed may be
granted to him as one of the son/beneficiary under the WILL of the deceased having effect limited to the State of Tamil Nadu. This Testamentary Original Suit coming on this day before this Court for hearing in the presence of Mr.K.Raja, Advocate for the plaintiff herein and Mr.C.S.Kiran, Advocate for the defendant herein and upon reading the plaint filed herein and the memo dated 24.02.2022 filed by the learned counsel for the plaintiff herein and the learned counsel for the plaintiff herein having stated that the matter has been settled out of court and seeks to withdraw the Testamentary Original Suit, It is ordered as follows :- That the suit in T.O.S.No.36 of 2017 be and is hereby dismissed as withdrawn.
2.That a certificate under section 69 of Tamil Nadu Court Fees and Suits Valuation Act, 1955 (Amendment Act) do issue herein, out of and under the seal of this court in favour of J.Subash, the plaintiff herein, authorising him, to receive from the Pay and Accounts Office,High Court Chennai, for a sum of Rs.30,050/- (Rupees Thirty Thousand and Fifty only) being the entire court fee paid on the plaint by the plaintiff herein.
3. That there shall be no order as to costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 24TH DAY OF FEBRUARY 2022. Sd./- JOINT REGISTRAR (O.S.) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
DL 07.04.2022 T.O.S.No.36 of 2017 (O.P.No.785 of 2016)
ORDER
DATED : 24.02.2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL: 11.04.2022 APPROVED ON : 12.04.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN TOS.No.36 of 2017 Mr.J.Subash ...Plaintiff Vs.
Mrs.H.Parimaladevi ...Defendant Prayer: Petition filed under Sections 232 and 276 of the Indian Succession Act XXXIX of 1925 for the grant of Letters of Administration. Against this petition, a counter affidavit was filed on 13th day of November 2017. As per order of Court dated 13th day of November 2017 in O.P.No.785 of 2016 the Original Petition is directed to be converted into Testamentary Original Suit.
For Plaintiff : Mr.K.Raja For Defendant : Mr.C.S.Kiran
V.BHAVANI SUBBAROYAN, J.
pam
J U D G M E N T
The Original Petition has been filed for grant of Letters of Administration with the Will annexed which has been converted as a Testamentary Original Suit.
2.The learned counsel for the plaintiff has filed a memo dated 24.02.2022 stating that the matter has been settled out of Court and seeks to withdraw the Testamentary Original Suit. The memo dated 24.02.2022 is taken on record and the Testamentary Original Suit is dismissed as withdrawn. There shall be no order as to costs. Sd./-V.B.S.J.
24.02.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.