N. ASHISH KARWA Vs. MINOR ABHIYANTHA SUREKHA

JUDGEMENT

(1.) THE short facts of the case are as follows:-

(2.) LEARNED counsel for the petitioner submitted that the respondent herein has filed a probate in O.P.No.16 of 2007, on the file of Sub Court, Thoothukudi stating that the respondent minor, viz., Abhiyantha Surekha is the grand daughter of the deceased Hari Prasad Sureka, who had executed a Will on 06.06.2006, bequeathing the scheduled mentioned properties to her. The testator died on 06.11.2006. Thereafter, the probate O.P. has been filed and the same was ordered on 28.06.2007. Learned counsel further submits that the petitioner herein is the auction purchaser of the property situated in survey No.1409/3A of Meelavittan Village admeasuring 74 cents which is the subject matter of the probate granted in O.P.No.16 of 2007, dated 28.06.2007 in respect of the Will dated 06.06.2006 alleged to have been executed by the late Hari Prasad Sureka. The mother of the minor respondent herein had filed a suit in O.S.No.5 of 2010 against the petitioner, Tamil Nadu Industrial Investment Corporation Limited and M/s.Krishna Trading Corporation. The said suit had been laid in respect of 1/3 share to an extent of 74 cents of land comprised in Survey No.1409/3A, Meelavittan Village, Thoothukudi Taluk. The said land had been mortgaged to Tamil Nadu Investment Corporation in the year 1999 as collateral security for financial assistance obtained by Sri Krishna Trading Corporation. The said property was auctioned on 30.11.2007 and the petitioner herein was the successful bidder, as such, the petitioner is the absolute owner of the property.

(3.) LEARNED counsel further submits that the none of the legal heirs of the deceased Hari Prasad Sureka, the testator had been included as necessary parties without giving notice or sufficient opportunities to the legal heir of the deceased testator, the letter of administration was granted in favour of the respondent herein. Therefore, the petitioner herein filed a petition in revocation probate O.P.No179 of 2012 has been filed by the petitioner to set-aside the order passed in O.P.No.16 of 2007, dated 28.06.2007. The said petition is pending on the file of Sub Court, Thoothukudi. Now the concerned suit properties are the subject matter of the Will. Therefore, the learned counsel for the petitioner entreats to transfer the O.P.No179 of 2012 along with connected records in O.P.No.16 of 2007 to the Principal District Judge, Tuticorin to be tried along with O.S.No.28 of 2011.