S. Prema vs G.Lakshmi
2024 Latest Caselaw 18717 Mad

Madras High Court

S. Prema vs G.Lakshmi on 23 September, 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED :23.09.2024

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

                                                   T.O.S No.23 of 2023
                                                   (OP.No.285 of 2022)

                    S. Prema                                                 ... Petitioner/plaintiff

                    G.Lakshmi                                           ... Respondent/Defendant

                    Prayer: Testamentary Original Suit filed under Sections 232 and 276 of the
                    Indian Succession Act XXXIX of 1925 for the grant of Letters of
                    Administration. As per order of this court dated 27.04.2023 in OP.No.285
                    of 2022, the Original Petition has been converted into Testamentary
                    Original Suit No.23 of 2023.
                                   For Plaintiff    : M/s.C.Karthik
                                   For Respondent : Mr.D.Velmurugan


                                                   JUDGMENT

The Testamentary Original Suit is filed for grant of Letters of

Administration in respect of the last Will and Testament of the deceased

M.Sathiammal.

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2. Both the parties are present with their respective counsel.

3. Learned counsel for the plaintiff has filed a consent affidavit of the

defendant and both the learned counsel have filed a joint compromise

memo.

4. Considering the fact that the plaintiff and defendant have filed a

joint compromise memo for grant of Letters of Administration, this Court

is of the view that the plaintiff is entitled for the issuance of Letters of

Administration in her favour.

5. Accordingly, this Testamentary Original Suit is decreed as

prayed for in terms of compromise memo and consent affidavit. Issue

Letters of Administration in respect of the Will dated 13.02.2009 in favour

of the plaintiff. The plaintiff is directed to duly administer the properties

and credits of the deceased more fully described in the schedule. The

plaintiff is also directed to 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. The plaintiff is further directed to render true

and correct accounts once in a year.

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6. The said joint compromise memo shall form part and parcel of

the decree.

7. Considering the relationship between the parties, there shall be

no order as to costs.

                                                                                       23.09. 2024

                    Index          : Yes/No

                    Speaking/Non-speaking order

                    gv




                                                                                A.A.NAKKIRAN,J.

https://www.mhc.tn.gov.in/judis gv

(OP.No.285 of 2022)

23.09.2024

https://www.mhc.tn.gov.in/judis