Madras High Court
P.Dhananjayan vs M.Senthil Kumar on 6 January, 2021
O.S.A.No.11 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.01.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
O.S.A.No.11 of 2021
1.P.Dhananjayan
2.N.Balasundaram ... Appellants
Vs
M.Senthil Kumar ... Respondent
PRAYER : Original Side Appeal filed under Order XXXVII Rule 9 of Original
Side Rules read with Clause 15 of Letters Patent praying to set aside the Judgement
and Decree in T.O.S.No.15 of 2005 dated 10.09.2019.
For Appellants : Mr.Subha Reddy for Mr.K.Aparna Devi.
For Respondent : Mr.C.Umashankar.
1/6
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O.S.A.No.11 of 2021
JUDGMENT
(Judgment of the court was made by N.KIRUBAKARAN.J.,)
The matter was heard through "Video Conference".
2.This Original Side Appeal has been filed against the dismissal of the
Testamentary Original Suit in T.O.S.No.15 of 2005 filed by the appellants with
regard to the estate of C.G.Rajendran and Devaki Ammal.
3.When the matter is called today, Mr.Subha Reddy, Learned Counsel
appearing for the Appellants and Mr.C.Umashankar, Learned Counsel for the
Respondent jointly submitted that matter has been settled and in this regard, a joint
memorandum of compromise signed by all the parties and counter signed by the
respective counsels has been filed.
4.This court has perused the joint memorandum of compromise filed by the
parties and it is evident that the Respondent had obtained Letters of Administration
based on the joint will of C.G.Rajendran and his wife Devaki Ammal in
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O.S.A.No.11 of 2021
O.P.No.755 of 2002. The said Letters of Administration was challenged in
T.O.S.No.15 of 2005 by the Appellants. By Judgment dated 10.09.2019, the said
Testamentary Original Suit in T.O.S.No.15 of 2005 was dismissed and Letters of
Administration granted in favour of the Respondent in O.P.No.755 of 2002 was
confirmed.
5.In the meanwhile, the parties, at the instance of friends and relatives,
arrived at a compromise, by which, both the parties acknowledge that there are no
claims against each other with respect to the suit property transacted in the will
which is mentioned in the schedule. Further, it is agreed that the Respondent viz.,
Mr.M.Senthil Kumar shall be deemed to be the absolute owner of the schedule
mentioned property, by accepting the grant of Letters of Administration in
O.P.No.755 of 2002 dated 28.01.2004.
6.Further, it is evident from the memorandum of compromise that the
Respondent shall pay a sum of Rs.1,15,00,000/-(Rupees One Crore and Fifteen
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O.S.A.No.11 of 2021
Lakhs only) to the beneficiaries in the will of C.G.Rajendran dated 29.06.2000
subject to the deduction under Section 80G of the Income Tax Act, 1961 in the
following manner:
(i)A sum of Rs.46,00,000/-(Rupees Forty Six Lakhs only) to be paid to
M/s.Adyar Cancer Institute, Adyar, Chennai 600020 by way of RTGS.
(ii)A sum of Rs.46,00,000/-(Rupees Forty Six Lakhs only) to be paid to
M/s.Hindu Mission Hospital, Tambaram by way of RTGS.
(iii)A sum of Rs.23,00,000/-(Rupees Twenty Three Lakhs only) to be paid to
M/s.Mylai Devaki Ammal - CG Rajendran Educational Trust by way of RTGS.
7.Hence, from the representation of the Learned Counsel for the Appellants
as well as Learned Counsel for the Respondent and from the joint memorandum of
compromise, it is evident that the matter has been settled.
8.In view of the above, this Original Side Appeal is disposed of in terms of
joint memorandum of compromise. The joint memorandum of compromise dated
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O.S.A.No.11 of 2021
22.12.2020 shall form part of the Judgment and decree. The aforesaid amounts
shall be paid to the respective institutions as stated above within a period of one
week from the date of receipt of a copy of this Judgment.
(N.K.K.,J.) (P.D.A.,J.)
06.01.2021
ay
Index: Yes/No
Internet: Yes/No
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O.S.A.No.11 of 2021
N.KIRUBAKARAN, J.
AND
P.D.AUDIKESAVALU, J.
ay
O.S.A.No.11 of 2021
Dated:06.01.2021
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