M.Rajab Mohideen vs K.Kamala Perumal
2021 Latest Caselaw 10517 Mad

                                                                              T.O.S.No.1 of 2012


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 23.04.2021

                                                       CORAM

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                  T.O.S.No.1 of 2012

                     M.Rajab Mohideen                                            ...Plaintiff
                                                      .Vs.
                     1.K.Kamala Perumal
                     2.A.Krishnammal @ A.Krishnaveni
                     3.L.Thangarajkumar
                     4.L.Dilipkumar
                     5.L.Ashok Kumar
                     6.Vimala
                     7.A.Chandrasekaran
                     8.K.Vijayanthi
                     9.A.Kalavathy                                             ... Defendants


                               Plaint filed under Order XXV Rule 4 of Original Side Rules read
                     with Sections 222 and 276 of Indian Succession Act XXXIX of 1925
                     praying that he may be permitted to prove the WILL in common form
                     and that Probate thereof, to have the effect throughout the State of Tamil
                     Nadu may be granted to him.



https://www.mhc.tn.gov.in/judis/
                                                                                   T.O.S.No.1 of 2012



                                         For Plaintiff     : Mr.A.Siddique Ali
                                         For Defendants    : Mr.Asif Ali for D3
                                                             Mr.V.Ramesh Kumar for D7 to D9

                                                           ********

                                                         JUDGMENT

It is seen from the records that O.P.No.436 of 2004 was allowed

on 06.12.2004 granting Probate in favour of the plaintiff Mr.Rajab

Mohideen for the last Will and Testament of Tmt.P.Yashodha dated

05.03.2002.

2. The original respondent had appeared before this Court and had

expressed his no objection for Probate in favour of the petitioner, based

on which the order dated 06.12.2004 came to be passed. However,

subsequently one A.Krishnammal @ A.Krishnaveni, the 2nd respondent

in the Original Petition filed an application in A.No.1945 of 2006

seeking revocation of the Probate. Though, the same was dismissed by

this Court on appeal in O.S.A.No.32 of 2010, A Division Bench of this

Court revoked the Probate on 05.04.2011. Therefore, the Original

https://www.mhc.tn.gov.in/judis/ T.O.S.No.1 of 2012

Petition was converted into Testamentary Original Suit and numbered as

T.O.S.No.1 of 2012. In the mean time, the applicant in the application

for revocation A.Krishnammal @ A.Krishnaveni, died on 08.07.2007

and the defendants 7, 8 and 9 were impleaded as her legal

representatives. Thus, the defendants 7, 8 and 9 have filed affidavits

submitting to a decree and expressing no objection for granting Probate

in favour of the plaintiff.

3. Heard Mr.Siddiq Ali, learned counsel appearing for the plaintiff.

and Mr.Ramesh Kumar, learned counsel appearing for the defendants 7,

8 and 9.

4. The affidavits filed by the defendants are accepted and the

Testamentary Original Suit is decreed as prayed for without costs.

23.04.2021 dsa

https://www.mhc.tn.gov.in/judis/ T.O.S.No.1 of 2012

R.SUBRAMANIAN, J.

dsa

List of the witnesses examined on the side of the plaintiff: Nil List of Exhibits marked on the side of the plaintiff: Nil List of the witnesses examined on the side of the defendants: Nil List of Exhibits marked on the side of the defendants: Nil

23.04.2021 dsa Index : No Internet : Yes Non-speaking order

T.O.S.No.1 of 2012

https://www.mhc.tn.gov.in/judis/