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G.Umapathy vs S.Suseela
2023 Latest Caselaw 15332 Mad

Citation : 2023 Latest Caselaw 15332 Mad
Judgement Date : 29 November, 2023

Madras High Court

G.Umapathy vs S.Suseela on 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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