Madras High Court
T.Naresh vs G.Srinivas on 18 January, 2021
O.S.A.No.186 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.01.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
O.S.A.No.186 of 2020
and
C.M.P.No.9544 of 2020
1.T.Naresh
2.T.Inderkumar
3.T.Charulatha
4.T.Girish ... Appellants
Vs
G.Srinivas ... Respondent
PRAYER : Original Side Appeal filed under Order XXXVI Rule 11 of Original
Side Rules read with Clause 15 of Letters Patent praying to set aside the order and
decreetal order dated 09.07.2019 passed in Appl.No.4119 of 2015 in O.P.No.408 of
2014.
For Appellants : Mr.T.Umasuthan.
For Respondent : Mr.C.Ramesh.
1/7
https://www.mhc.tn.gov.in/judis/
O.S.A.No.186 of 2020
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 allowing of
Application filed by the Respondent and his mother to revoke the probate granted
in favour of the Appellants in respect of the Will dated 27.03.1998 executed by
G.Parvathi W/o.G.Ramakrishna.
3.The property bearing Old No.19, New No.41, situated at Rajamannar
Street, T.Nagar, Chennai - 600017 stood in the name of G.Parvathi
W/o.G.Ramakrishna who was a Telugu Cinema Actor. G.Parvathi was the first
wife of G.Ramakrishna and she died on 24.04.1998 and subsequently,
Mr.G.Ramakrishna also died. The Appellants, being the brother's grand children of
G.Parvathi, approached this Court stating that G.Parvathi left behind a Will dated
27.03.1998 which was registered as Document No.27 of 1998 before the concerned
Registration Authorities, bequeathing the property in their favour. The said
https://www.mhc.tn.gov.in/judis/
O.S.A.No.186 of 2020
Original Petition was numbered as O.P.No.408 of 2014. After following the
procedures, the said Original Petition was ordered and the probate was granted by
this Court by order dated 23.05.2015.
4.To set aside the said grant of probate in favour of the Appellants, the
Respondent herein and his mother filed an application in A.No.4119 of 2015
stating that they are the son and second wife of G.Ramakrishna. The said
application was allowed stating that no notice was given to the Respondent herein.
5.The case of the Respondent is that, firstly, G.Ramakrishna married
G.Parvathi. Subsequently, he married Geethanjali and out of the wedlock, the
Respondent was born. His father purchased a property bearing Old No.19, New
No.41, situated at Rajamannar Street, T.Nagar, Chennai - 600017 in the name of
G.Parvathi. Since G.Parvathi, the first wife died on 24.04.1998, the property
became the property of G.Ramakrishna.
https://www.mhc.tn.gov.in/judis/
O.S.A.No.186 of 2020
6.Subsequently, G.Ramakrishna died intestate on 23.10.2001. After his
death, the aforesaid property was inherited by the Respondent and his mother viz.,
Geethanjali. However, Geethanjali executed a release deed on 21.12.2012 in
favour of the Respondent and the same was registered as Document No.432 of
2013 on the file of Sub-Registrar Office, Thyagarayanagar, relinquishing her
undivided half share over the property. Therefore, the Respondent claimed that he
is the absolute owner of the property. However, he entered into an agreement on
28.02.2013 with a third party for sale of the said property and the same was
registered as Document No.511 of 2013 on the file of Sub-Registrar Office,
Thyagarayanagar.
7.Based on the complaint given by the First Appellant, notice dated
01.06.2015 was received by the Respondent from the Office of the District
Registrar, Saidapet, Chennai, demanding cancellation of the document executed by
the Respondent. Thereafter only, the Respondent came to know that the Appellants
https://www.mhc.tn.gov.in/judis/
O.S.A.No.186 of 2020
filed O.P.No.408 of 2014 and got probate of the Will executed by G.Parvathi, the
first wife of G.Ramakrishna. Since no notice was given, the Respondent and his
mother filed an application in A.No.4119 of 2015 seeking revocation of probate.
The said probate was revoked by allowing the said application. Against the
allowing of the application taken out by the Respondent and his mother, the present
Appeal has been filed.
8.When the matter is called today, the Learned Counsel for the Respondent
submitted that a Joint Memo of Compromise dated 08.01.2021 has been filed.
Further, G.Srinivas, the Respondent appeared before this Court through Video
Conference from Hyderabad and stated that he wants to give up the objections
made by him for grant of probate of the last Will of G.Parvathi dated 27.03.1998
and he irrevocably relinquishes any right with regard to the property bearing Old
No.19, New No.41, situated at Rajamannar Street, T.Nagar, Chennai - 600017, by
admitting and acknowledging that the Appellants are the absolute and exclusive
joint owners of the property, being the legatees of the deceased G.Parvathi.
https://www.mhc.tn.gov.in/judis/
O.S.A.No.186 of 2020
Therefore, he has got no objection with regard to the confirmation of the probate
granted in favour of the Appellants.
9.Since, the Statement has been made by the Respondent viz., G.Srinivas
himself, stating that he is convinced with the joint memo of compromise filed by
both the parties and counter signed by their respective Counsels, the appeal filed by
the Appellants are disposed of in terms of joint memorandum of compromise.
The joint memorandum of compromise dated 08.01.2021 shall form part of the
Judgment and decree. Consequently, connected miscellaneous petition is closed.
(N.K.K.,J.) (P.D.A.,J.)
18.01.2021
ay
Index: Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis/
O.S.A.No.186 of 2020
N.KIRUBAKARAN, J.
AND
P.D.AUDIKESAVALU, J.
ay
O.S.A.No.186 of 2020
and
C.M.P.No.9544 of 2020
Dated:18.01.2021
https://www.mhc.tn.gov.in/judis/
