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Madras High CourtA/4731/2024ordered

N.P.Sukummar v. N.Saraswathi And 4 Others

2025-02-24Honourable Mr Justice K.Kumaresh Babu3 pages

A NO. 4731 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-02-2025

CORAM

THE HONOURABLE MR JUSTICE K.KUMARESH BABU A NO. 4731 of 2024 in O.P.No.559 of 2022 N.P.Sukummar Old No.M5/1, New No.M5/1B, East Avenue, Periyar Nagar, Korattur, Chennai - 600 080.

Applicant(s) Vs N.Saraswathi and 4 Others No.151, Kutchery Road, Mylapore, Chennai - 600

004. and 4 Others Respondent(s) For Applicant(s):

M/s.M.Venkateswaran R.Baskar G.Sankarraman For Respondent(s):

M/s C.Venkatesan (493/2005) Vak For R-4 D.No.48332/2024 Vak For R1,2,3,5 D.No.48333/2024 Filed On 12/12/2024 Thambu Chetty St., Ch-01 (9941159656)

ORDER

The application has been filed seeking permission of this Court to sell the schedule mentioned property.

2. The property originally belonged to one N.Lalitha, who died on 03.11.2019 intestate. Following the death, this Court had granted Letters of Administration in respect of the property and credits held by the deceased N.Lalitha vide its order dated 26.04.2023.

3. The respondents are the other legal heirs of the deceased. The respondents had given their consent affidavits, which was also taken into consideration, while grant of Letters of Administration in favour of the applicant/petitioner.

4. The schedule mentioned property is an Apartment and the applicant/petitioner independently holds half share in the said apartment and has 1/6th share in the remaining half share and therefore, the parties are decided to sell the schedule mentioned properties to their benefit.

5. The respondents 1 to 5 had also filed joint affidavits along with the applicant/petitioner, wherein they also expressed their consent.

6. In such view of the matter, I do not find any impediment in ordering the application as prayed for.

7. In fine, the applicant/petitioner is permitted to sell the schedule mentioned property and distribute the sale proceeds among the parties as per their rights.

8. Hence, the application in A.No.4731 of 2024 in O.P.No.559 of 2022 is ordered as prayed for. However, there shall be no order as to costs. 24-02-2025 kak To

1. N.Saraswathi and 4 Others No.151, Kutchery Road, Mylapore, Chennai - 600 004.

2. N.Lakshmi Chaitanya, 1st Street, Venkateswara Colony, Ambikapuram Post, Plakkad - 678 011.

3. N.Gopalakrishnan Flat No.S1, Block No.3, Pace anusa Apartment, Madhravayal Service road, West Tambaram, Chennai - 600 045.

4. N.Parvathavarthini No.B79, Ground Floor, Narina Villa, New Delhi - 110 028.

5. N.Savithri No.2, 43rd Street, 6th Avenue, Chennai - 600 083.