Madras High Court
M.Panchakalyani vs Natesa Reddy (Deceased) on 13 March, 2023
TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015 and
M.P.No.1 of 2015
TOS.No.24 of 1991
K.Manavala Reddy (deceased)
1.M.Panchakalyani
2.M.Sivaprakasham
3.S.Umeshwari
4.M.Panjacharam
5.M.Gunasekar
6.N.Dhanalakshmi
7.M.Balasubramanian ... Plaintiffs
Vs.
1.Natesa Reddy (deceased)
2.Mrs.Sornammal
3.N.Dasaradan
4.N.Balaraman
5.N.Viswanathan
6.N.Vanasundari
7.N.Devaki
8.N.Vasantha
9.N.Alamelu Mangai
10.K.Parthasarathy (deceased)
1/13
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TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015
11.Bakkiammal
12.Prema
13.Rajeswari
14.Amudha
15.Karpagam
16.Padma Priya
17.Kuppammal
18.Rani
19.Velu
20.Nandheerswaran
21.Rajeswari
22.Visalam
23.Annammal
24.Shanthi
... Defendants
PRAYER : Testamentary Original Suit filed under Sections 232 and 276
of the Indian Succession Act read with Order XXV Rule 5 of the Original
Side Rules, praying to grant Letters of Administration with the Will to him
as the brother of the said deceased Andalammal having effect throughout
the State of Tamil Nadu.
For Plaintiffs : Mr.K.P.Gopalakrishnan
For Defendants : Mr.J.R.K.Bhavanantham for D2 to D9,
D11 to D14, D16, D17, D25 to D33
: Mr.Francis Cedric D Cruz for D10
: Ms.R.Nirmala Devi for D18 to D24
2/13
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TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015
C.S.No.251 of 2011
1.Dasarathan (Deceased)
2.Balaraman (Deceased)
3.Vishwanathan
4.Vanasundari
5.Devaki
6.Vasantha
7.Alamelu
8.Bakkiammal
9.Prema
10.Rajeswari
11.Amudha
12.Karpagam
13.Padmapriya
14.Vijayalakshmi
15.Pushpapriya
16.Divyapriya
(Plaintiffs 14 to 16 are are the legal heirs of
deceased 2nd plaintiff and they were brought
on record as per order dated 07.11.2019 in
Application No.7601 of 2019)
17.D.Kasthuri
18.P.Gandhimathy
19.R.Devi Kamatchi
20.D.Mohan
21.D.Suresh
(the plaintiffs 17 to 21 are the legal heirs of
the 1st plaintiff and were brought on record as
per order dated 15.11.2021 & 29.11.2021 passed
in A.Nos.3992 & 3993 of 2021) ... Plaintiffs
3/13
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TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015
Vs.
1.Kuppammal
2.Rani
3.Velu
4.Nandheerswaran
5.Rajeswari
6.Visalam
7.Annammal
8.Shanthi
9.Panchammal
10.Siva Prakasam
11.Umeswari
12.Lakshmi
13.Gunasekaran
14.Panchacharam
15.Balasubramani
16.Jayakumar
(The 16th defendant is the legal heir of the deceased
2nd plaintiff and was brought on record vide dated 07.11.2019
passed in Application No.7601 of 2019)
... Defendants
Prayer: Civil Suit filed under Order IV Rule 1 of the Original Side Rules
r/w. Order VII Rule 1 and 2 of the Code of Civil Procedure, praying to pass
a judgment and decree in favour of the plaintiffs and as against the
defendants as follows:
a) to pass preliminary decree of partition declaring 1/4th share to the
plaintiffs 1 to 7 and another 1/4th share to the plaintiffs 8 to 13 totaling ½
4/13
https://www.mhc.tn.gov.in/judis
TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015
share in the plaint 'A', 'B', 'C' and 'D' schedule properties and pass final
decree for partition of the share in the aforesaid manner by metes and
bounds by appointment of Advocate Commissioner.
b) To grant mandatory injunction by directing the defendants 11 and
12 to remove unauthorized construction put up on Plaint 'C' schedule
properties and make it available for partition into equal shares.
c) directing the defendants to pay the costs of the suit.
For Plaintiffs : Mr.J.R.K.Bhavanantham
For Defendants : Mr.K.P.Gopalakrishnan for D9 to D15
D1 to D8 – set exparte
S.A.No.721 of 2015
1.Backiammal
2.Prema
3.Rajeswari
4.Amudha
5.Karpagam
6.Padmapriya
... Appellants
1.Lakshmi
2.The Commissioner,
Corporation of Chennai,
Park Town, Chennai 600 003.
5/13
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TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015
3.The Junior Engineer,
Office of Corporation of Chennai,
Zone – 3, Ward No.34, Division No.7,
Nattal Garden II Street, Perambur,
Chennai 600 011.
... Respondents
PRAYER : Second Appeal filed under Section 100 of CPC., to set aside
the judgment and decree dated 16.09.2004 passed in A.S.No.82 of 2013
on the file of the learned 1st Additional Judge, City Civil Court, at Chennai
confirming the judgment and decree dated 01.03.2012 passed in
O.S.No.14738 of 2010 on the file of the learned XVII Assistant Judge, City
Civil Court at Chennai and decree the suit.
For Appellants : Mr.J.R.K.Bhavanantham
For Respondents : Mr.K.P.Gopalakrishnan for R1
COMMON JUDGMENT
The Testamentary Original Suit has been filed to grant Letters of
Administration with the Will to deceased plaintiff as the brother of the
testator deceased Andalammal having effect throughout the State of Tamil
Nadu.
2. The Civil Suit has been filed by the plaintiffs to pass preliminary
decree of partition declaring 1/4th share to the plaintiffs 1 to 7 and another
https://www.mhc.tn.gov.in/judis
TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015
1/4th share to the plaintiffs 8 to 13 totaling ½ share in the plaint 'A', 'B', 'C'
and 'D' schedule properties and pass final decree for partition of the share
in the aforesaid manner by metes and bounds by appointment of Advocate
Commissioner and for mandatory injunction by directing the defendants 11
and 12 to remove unauthorized construction put up on Plaint 'C' schedule
properties and make it available for partition into equal shares.
3. The Second Appeal has been filed to set aside the judgment and
decree dated 16.09.2004 passed in A.S.No.82 of 2013 on the file of the
learned 1st Additional Judge, City Civil Court, at Chennai confirming the
judgment and decree dated 01.03.2012 passed in O.S.No.14738 of 2010
on the file of the learned XVII Assistant Judge, City Civil Court at Chennai
and decree the suit.
4. Heard the learned counsels for the parties in both the Suits and
Second Appeal.
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TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015
5. The suit properties belonged to one Andalammal and she had
executed her last Will in respect of the suit schedule properties. The said
Andalammal died on 28.09.1977. The deceased Andalammal did not have
any children and her husband also pre-deceased her. In the said Will, the
deceased Andalammal has not appointed any one as Executor of the Will.
Mr.K.Manavala Reddy / deceased plaintiff is one of brothers of the
deceased Andalammal and one of the beneficiaries of the Will.
6. Therefore, Mr.K.Manavala Reddy, brother of the testator has filed
O.P.No.230 of 1989, on the file of this Court, for grant of Letters of
Administration in respect of the Will said to have been executed by
Andalammal on 01.07.1990. Mr.Natesa Reddy and Mr.Parthasarathy who
are the other brothers of the deceased Andalammal, lodged caveat
opposing the genuineness of the Will. Hence, the said Original Petition in
O.P.No.230 of 1989 was converted as TOS.No.24 of 1991.
https://www.mhc.tn.gov.in/judis
TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015
7. During the pendency of the proceedings, one of the legatees
Manavala Reddy and his daughter died. The legal heirs of the deceased
Manavala Reddy and his daughter Dhanalakshmi have been impleaded as
plaintiffs. Since the defendants also died, their legal heirs have been
impleaded. As of now, there are totally 33 defendants including the
deceased defendants. Out of the above defendants, D1 to D4, D10 died and
D5 to D9 and D11 to D33 have given their consent to decree the suit in
favour of the plaintiffs in TOS No.24 of 1991. Since all the contesting
defendants have given their consent, the suit in TOS No.24 of 1991 has to
be allowed as prayed for. Hence, the suit is decreed and the letters of
administration is granted in favour of the plaintiffs.
8. In the result,
(i) The suit in TOS No.24 of 1991 is decreed in terms of the consent
affidavits filed by the defendants.
(ii) The Letters of Administration, having effect throughout Tamil
Nadu, shall be issued in favour of the plaintiffs in respect of the Will
https://www.mhc.tn.gov.in/judis
TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015
executed on 01.09.1977 by Andalammal in favour of the plaintiffs.
(iii) The plaintiffs are directed to duly administer the estate of the
deceased as mentioned in the suit schedule.
(iv) The plaintiffs shall execute a security bond for a sum of
Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of the
Assistant Registrar (O.S-II), High Court, Madras.
(v) The plaintiffs are further directed to render true and correct
accounts once in a year.
(vi) No costs.
9. Some of the defendants in TOS.No.24 of 1991 have filed the suit
against the plaintiffs in C.S.No.251 of 2011 seeking for partition and the
same is left as not pressed. Hence, the suit in C.S.No.251 of 2011, shall be
dismissed as withdrawn. The learned counsel for the plaintiffs has also
made his endorsement to that effect. No costs.
https://www.mhc.tn.gov.in/judis
TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015
10. Some of the defendants in TOS.No.24 of 1991 have also filed a
suit in O.S.No.14738 of 2010 seeking the relief of declaration, permanent
and mandatory injunction and the same was dismissed by XVII Assistant
Judge, City Civil Court at Chennai on 01.03.2012. Against the said
judgment, a first appeal has been preferred in A.S.No.82 of 2013 and the
Appeal has also been dismissed by I Additional District Judge, City Civil
Court, Chennai, on 16.09.2014. The appellants have preferred the present
Second Appeal challenging the judgment passed in A.S.No.82 of 2013.
11. Since the appellants in the Second Appeal No.721 of 2015
themselves have consented to grant letters of administration as prayed by
the plaintiffs in TOS No.24 of 1991 and the properties involved are one
and the same, nothing remains to be considered in the Second Appeal and
the same is dismissed as infructuous. Consequently, connected
miscellaneous petition is closed. No costs.
Index : Yes/No 13.03.2023
Internet : Yes/ No
https://www.mhc.tn.gov.in/judis
TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015
gsk
https://www.mhc.tn.gov.in/judis
TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015
R.N.MANJULA,J.
gsk
To
1.I Additional District Judge,
City Civil Court, Chennai.
2.XVII Assistant Judge,
City Civil Court,
Chennai.
3.The Commissioner,
Corporation of Chennai,
Park Town, Chennai 600 003.
TOS.No.24 of 1991 and
C.S.No.251 of 2011 and
S.A.No.721 of 2015
4.The Junior Engineer,
Office of Corporation of Chennai,
Zone – 3, Ward No.34, Division No.7,
Nattal Garden II Street, Perambur,
Chennai 600 011.
13.03.2023
https://www.mhc.tn.gov.in/judis
