Citation : 2023 Latest Caselaw 15332 Mad
Judgement Date : 29 November, 2023
T.O.S.No.38 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 29.11.2023
CORAM:
THE HON`BLE MR.JUSTICE A.A.NAKKIRAN
T.O.S.No.38 of 2022
(O.P No.40 of 2022)
G.Umapathy .. Plaintiff
..Vs.
S.Suseela .. Defendant
Prayer: Original Petition has been filed under Sections 222 and 276 of the
Indian Succession Act of XXXIX of 1925 for the grant of probate in
respect of the last Will and Testament of the deceased R.Govindasamy.
Against this petition, a Caveat and supporting affidavit was filed by the
Caveators. As per order of this Court, the Original Petition No.40 of 2022
was converted into Testamentary Original Suit No.38 of 2022.
For Plaintiff : Mr.T.Baskaran
For Defendants : Mr.K.P.Dinesh for R1
Mr.V.Srinivasa Babu for R2
1/6
https://www.mhc.tn.gov.in/judis
T.O.S.No.38 of 2022
JUDGMENT
When the matter was taken up today, the learned counsel for
the plaintiff and the defendant submitted that the matter has been settled
before the Mediation Centre, based on the joint compromise memo filed by
both the parties and the consent affidavit filed by the defendant. Pursuant to
the same, they have filed a Compromise Memo dated 27.07.2023 before
this Court which has been duly signed by both the parties and their
respective counsel and also made an endorsement to that effect in the
petition. The said Compromise Memo is recorded.
2. In view of the same, the suit is decreed, in terms of Joint
Compromise Memo entered between the parties before the Mediation
Centre and the Compromise Memo entered between the parties before this
Court and the same shall form part of the decree. The Court Fee is ordered
to be refunded as per law.
29.11.2023
Index:Yes/No
https://www.mhc.tn.gov.in/judis
Speaking/Non-speaking order uma List of witnesses examined on the side of the plaintiff
PW1 G.Umpathy PW2 K.Prema
List of documents marked on the side of the plaintiff
Ex.P1 13.11.1972 Photocopy of Sale deed in favour of the deceased Govindasamay
Ex.P2 23.07.1997 Original Will
Ex.P3 10.03.2004 Original death certificate of deceased Govindasamy.
Ex.P4 16.10.2013 Computer generated copy of death certificate of deceased Munirathanammal.
Ex.P5 16.12.2004 Photocopy of the legal heir certificate of deceased Govindasamay
Ex.P6 Consent affidavit of K.Prema, PW2
Ex.P7 19.10.2023 Office copy of notice sent by the plaintiff's counsel to the 1st attesting witness along with returned cover and refused cover.
Ex.P8 Affidavit of first attesting witness namely R.Harigopalan.
https://www.mhc.tn.gov.in/judis
List of witnesses examined on the side of the defendant:
DW1 S.Suseela
List of documents marked on the side of the defendant:
Ex.D1 Consent affidavit of S.Suseela, the defendant.
29.11.2023
https://www.mhc.tn.gov.in/judis
A.A.NAKKIRAN,J.
uma
https://www.mhc.tn.gov.in/judis
29.11.2023
https://www.mhc.tn.gov.in/judis
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