V. KALAIVANI Vs. M.R. ELANGOVAN

JUDGEMENT

(1.) The Testamentary Original Suit arises out of Original Petition in OP No.1178 of 2018 filed by the Plaintiffs as Petitioners, seeking grant of Probate of the last Will and Testament of late, M.R. Ramachandran, dated 2. 1.2004. The Respondents in the said OP having filed Caveat, the OP was converted into the above Testamentary Original Suit and the Respondents have been cited as the Defendants in the Testamentary Original Suit.

(2.) Alleging that late M.R. Ramachandran died intestate, the Suit in OS No.435 of 2018 before IX Assistant City Civil Court at Chennai was filed by the Defendants in TOS, as Plaintiffs therein, seeking Partition and separate possession. In furtherance of orders of this Court, the said Suit for Partition was transferred to this Court and tried along with the above Testamentary Original Suit in Tr.C.S. No.14 of 2023.

(3.) The averments set out in the Testamentary Original Suit viz., the Petition/Plaint are as follows: