Madras High Court
S.R.Sridhar vs A.K.Suseela … Caveator / on 23 December, 2021
T.O.S.No.22 of 1992
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.12.2021
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
T.O.S.No.22 of 1992
in (O.P.No.325 of 1990)
S.N.Balaraman(deceased)
1.S.R.Sridhar
2.S.R.Baskar
3.S.R.Ganesh
4.S.R.Suresh
(*) … Petitioner / Plaintiffs
Vs.
A.K.Suseela … Caveator / Defendant
Prayer: Petition is filed under Sections 232 & 232 (b) (*) of the Indian
Succession Act, XXXIX of 1925 for grant of (*)Letters of Administration
with Will dated 10.04.1980 executed by S.B.Baggiammal. As per that the
Respondent, daughter of the deceased, intends to prove the Will in Solomen
form and under order 25 Rules 58 of O.S.Rules, the petition filed for
proving the Will in Solemn form should be registered as suit.
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T.O.S.No.22 of 1992
It is submitted for orders as to converting the O.P. into T.O.S and numbered
as T.O.S.No.22 of 1992.
(*) Amended as per Order dated 20.02.2017 passed on Appl. No.2746 of
2004.)
For Plaintiffs : Elizabeth Rani
For Defendant :
JUDGMENT
Learned counsel for the plaintiff has filed a memo dated 03.12.2021
reporting no instructions from the defendants. Accordingly, the said memo
is recorded. The defendants are set exparte.
2.It may be noted that this suit is connected with T.O.S.No.29 of 1997,
wherein, the defendants were the plaintiffs. That suit came to be dismissed
on 03.12.2021 based on written instructions by this parties through the
counsel that they are not prosecuting T.O.S.No.29 of 1997.
3.This Court takes notice of the said fact, development and prosecution of
this case as well.
4.So far as T.O.S.No.22 of 1992 is concerned, the Executor of the Will has
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T.O.S.No.22 of 1992
passed away. The Will came to be marked as Ex.P1 and it is proved by
P.W.1, one of the attesting witnesses to the Will.
5.In these circumstances, this Court holds that the Will of late
S.S.Baggiammal dated 10.04.1980 stands proved.
6.Since the Will has been proved in the manner known to law, the
Testamentary Original Suit stands decreed as prayed for. The Letters of
Administration for administrating the Will is hereby granted.
7.The plaintiffs shall execute a security bond for a sum of Rs.15,000/-
(Rupees Fifteen Thousand only) in favour of the Assistant Registrar
(O.S.II), High Court, Madras within a period of three (3) months as required
under law. In view of the order made in the Testamentary Original Suit, the
connected applications are closed. No costs.
23.12.2021
kas
Index : No
Internet : Yes
Speaking order/ Non-speaking order
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T.O.S.No.22 of 1992
List of the witnesses examined on the side of the plaintiff:
PW1 – Mr.S.B.Prakash
PW2 – Mr.S.S.Ramakotti
List of Exhibits marked on the side of the plaintiff :
Exhibits Description Dated
Ex.P1 Will marked as on 16.07.2018 (O.P.No.325 of 1990) 16.07.2018
Ex.P2 Death certificate of S.S.Baggiammal 20.12.1981
Ex.P3 Notice addressed to P.W.2 and to his sister A.K.Suseela 29.06.1982
Ex.P4 Reply notice sent to his sister A.K.Suseela 03.07.1982
Ex.P5 Encumbrance Certificate for the period from 01.01.1983 to 01.01.1983 to
01.01.2018 01.01.2018
Ex.P6 Notice sent by Mr.V.Srinivasan, counsel for 24.03.1983
A.H.Krishnamoorthy
Ex.P7 Reply notice sent to the counsel for A.H.Krishnamoorthy 11.04.1983
Ex.P8 Rejoinder Notice sent by the counsel for B.Srinivasan 27.05.1985
Ex.P9 Reply to rejoinder notice dated 20.07.1983 to the counsel 20.07.1983
for A.H.Krishnamoorthy
Ex.P10 Certified copy of the judgment and decree in C.S.No.429 14.02.1983
of 1983. The plaintiff is the 2nd defendant in the above
said suit No.429 of 1983
Ex.P11 Certified copy of the order dated 31.01.1992 in A.No.369 31.01.1992
of 1992 in C.S.No.429 of 1983
Ex.P12 Copy of death certificate of S.N.Balaraman, who was 09.11.2002
executor in Ex.P1, Will who died on 09.11.2002
Ex.P13 Original death certificate of his sister, who dies on 24.08.1998
23.06.1998
Ex.P14 Photocopy of medical certificate 15.03.1983
Ex.P15 Office copy of the legal notice 06.03.2017
Ex.P16 Certified copy of appellate order 17.07.1987
Ex.P17 Original order passed by the Assistant Controller of Estate 11.09.1987
Duty(2), Chennai
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T.O.S.No.22 of 1992
List of the witnesses examined on the side of the defendant:
DW1 – A.H.Krishnamurthy
List of Exhibits marked on the side of the defendant:
Exhibits Description Dated
Ex.D1 Marked on 21.03.2019 (in cross) 21.03.2019
Ex.D2 Unregistered Original Will executed by S.S.Baggiammal 20.12.1981
Ex.D3 Original death certificate of Baggiammal 29.04.1983
Ex.D4 Original Medical Certificate issued by pandalai Nursing 01.09.1983
Home
Ex.D5 Original Affidavit of Attesting Witness of 14.06.1982
P.K.Balasubramanian
Ex.D6 Original death certificate of P.K.Balasubramanian 09.06.1996
(Attesting Witness )
Ex.D7 Office copy of the letter by counsel for plaintiff in 28.02.2019
T.O.S.No.29 of 1997 to the defendant's counsel request to
produce death report and discharge summary of the
deceased Vagguannak
Ex.D8 Original reply letter defendants counsel to plaintiff's 05.03.2019
counsel
23.12.2021
kas
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T.O.S.No.22 of 1992
N.SESHASAYEE, J.
kas
T.O.S.No.22 of 1992
in (O.P.No.325 of 1990)
23.12.2021
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