LALITHA Vs. MARIYAMMAL

JUDGEMENT

(1.) The petitioners herein claiming to be the legal heirs of one deceased Radhakrishnan, ie., first petitioner being wife and petitioners 2 and 3 claiming to be the children filed S.O.P.N.84 of 2013 on the file of the Court of Principal Subordinate Judge, Kumbaknoam under Sec. 383 of the Indian Succession Act, 1925 against the respondents herein, who are the first wife and daughter of the deceased late Radhakrishnan, seeking to revoke the certificate of succession granted in S.O.P.No.57 of 2012 dtd. 28/6/2012.

(2.) The said S.O.P.No.57 of 2012 was filed by the respondent No.1 herein against respondent No.2 for grant of succession in respect of the terminal benefits of late Radhakrishnan. The said SOP was not contested by the respondent No.2 herein and accordingly, the same was ordered duly granting succession in favour of the respondents herein, declaring them as the persons entitled to equally for the terminal benefits of late Radhakrishnan. The first petitioner herein claiming to be the second wife and petitioners 2 and 3 claiming to be the daughters of late Radhakrishnan through second wife filed S.O.P.No.84 of 2013 under Sec. 383 of the Indian Succession Act, 1925 to revoke the succession certificate granted in favour of the respondents herein in S.O.P.No.57 of 2012.

(3.) This Court after having heard the counsel on either side on 13/2/2024 prima facie opined that in the facts and circumstances of the case, the issue is squarely covered by a recent decision of the Hon'ble Supreme Court in Revanasiddappa and another Vs. Mallikarjun and others reported in (2023) 10 SCC 1 and posted the matter for orders. On 19.02.20224, when the matter was listed for orders, there was no representation for the respondents. Hence, the matter was directed to be listed again on 20/2/2024.