Madras High Court
C.R.Seshadri vs P.Lakshmi Latha on 22 October, 2021
TOS No.8 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
T.O.S. No.8 of 2019
1. C.R.Seshadri
2. C.R.Rangarajan
3. K.Arun Vijayakumar
4. K.Prabhu Venkatesh … Plaintiffs
Vs.
1. P.Lakshmi Latha
2. S. Vanishree
3. C.R.Rajinishree … Defendants
Prayer : Plaint filed under Sections 232 and 276 of the Indian Succession
Act XXXIX of 1925 for the grant of Letters of Administration.
For Plaintiffs : Mr.J.R.K.Bhavanantham
1/5
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TOS No.8 of 2019
JUDGMENT
An original petition filed by the plaintiffs in OP No.569 of 2016 was
converted into a Testamentary Original Suit and numbered as TOS No.8 of
2019, upon opposition by the respondents in the original petition. After
having filed a caveat, the respondents/defendants did not file a written
statement. Hence they were set exparte and the matter was referred to the
Master for recording evidence.
2. The plaintiffs filed an application in Application No.1143 of 2020
seeking to examine the attesting witness to the Will Mr.R.Kannan, by
appointing a Commissioner. That application was acceded to by this Court
on 06.08.2020 and the deposition of the attesting witness was recorded by
the Commissioner. The said deposition along with the Report of the
Commissioner has been filed into Court. The attesting witness has
produced the Will which has been marked as Ex.P1 and the affidavit of the
attesting witness filed along with the original petition has been marked as
Ex.P2. The attesting witness has deposed that he along with one Sampath
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TOS No.8 of 2019
were present at the time of the execution of the Will at the Sub Registrar’s
Office, Purasaiwakkam. It is also stated that the testator signed the Will in
their presence in all three pages and they also attested the Will in his
presence. The first plaintiff was examined as P.W.2 and through him the
death certificate of the testator has been marked as Ex.P3. The legal notice
and the reply have been marked as Ex.P4 and Ex.P5.
3. Accepting the evidence of the attesting witness, I conclude that the
plaintiffs have proved the execution of the Will in the manner known to
law. Hence this suit is decreed, the letters of administration with the copy
of the will annexed is granted to the plaintiffs. The first plaintiff shall
execute a security bond for a sum of Rs.25,000/- (Rs. Twentyfive thousand
only).
22.10.2021
jv
Index: No
Internet: Yes
Speaking order
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TOS No.8 of 2019
List of the Witnesses examined on the side of the Plaintiffs :
1. P.W.1 R.Kannan
2. P.W.2 C.R.Seshadri
List of Exhibits marked on the side of the Plaintiffs :
Sl.No. Exhibits Description of documents
1 Ex.P1 The Will
2 Ex.P2 The affidavit of the attesting witness filed along with
the original petition
3 Ex.P3 Computer generated Death Certificate of
Mr.R.V.Ramadurai
4 Ex.P4 The original lawyer notice dated 02.01.2015 issued by
the defendant's counsel
5 Ex.P5 The original office copy of reply dated 12.01.2015
List of the Witnesses examined on the side of the Defendants: Nil
List of Exhibits marked on the side of the Defendants: Nil
22.10.2021
jv
https://www.mhc.tn.gov.in/judis
TOS No.8 of 2019
R.SUBRAMANIAN,J.
jv
To
The Sub Assistant Registrar,
Original Side,
High Court, Madras.
T.O.S. No.8 of 2019
22.10.2021
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