T. Subramaniam vs Mr.T. Sivaprakasam
2021 Latest Caselaw 24948 Mad

                                                                                       T.O.S.No. 15 of 2010
                                                                                   & Tr.C.S. No. 138 of 2013

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED: 17.12.2021

                                                                CORAM

                                   THE HONOURABLE MR. JUSTICE N. SESHASAYEE

                                                        T.O.S. No. 15 of 2010
                                                                 &
                                                       Tr.C.S. No. 138 of 2013

                     T.O.S. No. 15 of 2010

                     T. Subramaniam                                                ..Plaintiff
                                                                 Vs.

                     1.           Mr.T. Sivaprakasam
                     2.           Mr.T. Viswesiah                                  ..Defendants

                     Prayer:           Petition filed under Sections 232 and 276 of Indian Succession

                     Act XXXIX of 1925, for the grant of Letters of Administration. On Caveat

                     being filed by the defendants, the same was converted into T.O.S. No. 15 of

                     2020.

                                       For Plaintiff       ::     Mr.V. Baskaran

                                       For Defendants      ::     Mr.Kishore Kumar for
                                                                  1st defendant.




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                                                                                  T.O.S.No. 15 of 2010
                                                                              & Tr.C.S. No. 138 of 2013

                     Tr.C.S. No. 138 of 2013

                     T. Visvesiah                                             ..Plaintiff

                                                          Vs.

                     T. Subramaniam                                           ..Defendant

                     Prayer:      Original Suit filed under Order VII Rule 1 & 2 CPC before the

                     City Civil Court in O.S. No. 3806 of 2012 praying for a judgment and

                     decree against the defendant to (i) pass an order of permanent injunction

                     restraining the defendant, his men, servants, agents or anyone acting on his

                     behalf or authorized on behalf of the Tukkaram Neuro Diagnostic Centre,

                     Eye Testing Services, in any way interfering with the peaceful possession

                     and enjoyment of the front portion 1/3 rd constructed and possessed by the

                     Plaintiff (suit property) in the House Door No.14, Govindarajulu Naidu

                     Street, Agaram, Chennai – 600 082 (ii) pass order to grant the costs of the

                     suit has been transferred to the file of this Court as Tr.C.S. No. 138 of 2013

                     as per order made in A.No. 4900 of 2012.

                                        For Plaintiff      ::    Mr.A.P. Balasubramani

                                        For Defendant      ::    Mr.V. Baskaran



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                                                                                      T.O.S.No. 15 of 2010
                                                                                  & Tr.C.S. No. 138 of 2013

                                                      COMMON ORDER

                                  There are three brothers, who litigate over properties which has now

                     bred three different litigations. A certain T. Subramaniam claiming himself

                     to be a legatee of the holder of the estate has laid T.O.S. No. 15 of 2010 for

                     obtaining Letters of Administration. He is stated to have died leaving no

                     lineal descendants. In law, his heirs are his collaterals, who are his brothers

                     and party defendants in T.O.S. No. 15 of 2010.



                     2.           One of the brothers, namely, T. Viswesiah has laid a suit against

                     T. Subramaniam for bare injunction in Tr.C.S.No. 138 of 2013. Given the

                     fact Viswesiah himself has become a half share holder of the share of T.

                     Subramanian and given the fact that the relief sought is decree in personam,

                     this suit also loses its purpose.



                     3.           In view of the same, T.O.S. No. 15 of 2010 is dismissed. So far as

                     Tr.C.S. No. 138 of 2013 is concerned, it is also dismissed.

                                                                                             17.12.2021
                     nv


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https://www.mhc.tn.gov.in/judis
                                         T.O.S.No. 15 of 2010
                                     & Tr.C.S. No. 138 of 2013

                                   N. SESHASAYEE,J.

nv

T.O.S. No. 15 of 2010

&

Tr.C.S. No.138 of 2013

17.12.2021

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