Madras High Court
Sathish Kumar Mehta vs Mrs. Padam Kawar Mehta on 8 August, 2022
O.S.A.No.215 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2022
CORAM :
THE HON'BLE MR. JUSTICE M. DURAISWAMY
AND
THE HON'BLE MR. JUSTICE SUNDER MOHAN,
O.S.A.No.215 of 2022
Sathish Kumar Mehta .. Appellant
v.
1. Mrs. Padam Kawar Mehta
2. Mrs. Amita Piyush Gundecha ... Respondents
Original Side Appeal filed under Order XXXVI Rule 9 of the Madras
High Court, Original Side, 2956 read with Clause 15 of Letter Patent
Appeal to set aside the order and decreetal order dated 22.04.2022 in
O.P.No.590 of 2021.
For Appellant : Mr. Arfat Mohamed A.
For Respondents : Mr. M. Himavanth
JUDGMENT
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O.S.A.No.215 of 2022
(Judgment was delivered by M. DURAISWAMY, J.)
Challenging the order passed by the learned Single Judge in
O.P.No.590 of 2021, dated 22.04.2022 the petitioner in the Original
Petition has filed the above Original Side Appeal.
2. It is the case of the appellant that on 19.07.2020, his father
Mr.M.Rajendra R Mehta died intestate leaving behind his wife, daughter
and son, who are the appellant and the respondents in the above Original
Side Appeal. The appellant's father purchased 6000 shares of
M/s. Suven Pharmaceuticals Ltd and after his death, the shares have
been kept idle and nobody was enjoying the shares. Since the appellant
contended that the shares have to be transferred in the name of legal
heirs of deceased Mr.M.Rajendra R Mehta, the appellant sought for
granting of Succession Certificate. Further, it is the case of the appellant
that his mother and sister, who are the respondents herein had issued
consent affidavits for grant of Succession Certificate in respect of the
securities and shares of the deceased.
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O.S.A.No.215 of 2022
3. The appellant was examined as P.W.1 and 7 documents, Exs.P1
to P7 were marked. Though the court notices were duly served on the
respondents in O.P. No.590 of 2021, they failed to appear before the
learned Single Judge. Hence, they were set ex parte on 08.04.2022. The
consent affidavits given by the respondents were also marked through
P.W.1. However, the learned Single Judge declined to accept the consent
affidavits and granted Succession Certificate in favour of the appellant as
well as the respondents. Challenging this order, the above Original Side
Appeal has been filed by the son of the deceased.
4. Mr. M. Himavanth, learned counsel, submitted that he has
filed vakalat for the respondents today. The learned counsel submitted
that the consent affidavits filed by the respondents may be taken on
record and the Succession Certificate may be granted in favour of the
appellant. Further, the learned counsel submitted that the order passed
by the learned Single Judge is liable to be set aside on the ground that the
Succession Certificate should be granted in favour of the appellant.
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O.S.A.No.215 of 2022
5. Since the respondents remained ex parte before the learned
Single Judge, we are of the considered view that the order passed by the
learned Single Judge in O.P. No.590 of 2021 can be set aside and
remitted back to the learned Single Judge for deciding the matter afresh,
taking into consideration the consent affidavits filed by the respondents.
6. Accordingly, the order passed in O.P. No.590 of 2021, dated
22.04.2022 is set aside and the matter is remitted back to the learned
Single Judge for deciding the matter afresh, taking into consideration
the consent affidavits filed by the respondents. We request the learned
Single Judge to pass orders afresh, taking into consideration the consent
affidavits filed by the respondents.
With the above observations, the Original Side Appeal is allowed.
No costs.
[M.D., J.] [S.M., J.]
08.08.2022
Index : Yes/No
Speaking Order/Non Speaking Order
Rj
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O.S.A.No.215 of 2022
M. DURAISWAMY, J.
and
SUNDER MOHAN, J
Rj
O.S.A.No.215 of 2022
08.08.2022
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