S.P.VIJAYKUMAR Vs. PADMAVATHY

JUDGEMENT

(1.) OSA No.15 of 2025 has arisen against the judgment and decree passed in Tr.C.S.No.802 of 2016. Similarly, OSA.No.16 of 2025 has arisen against the order passed in TOS.No.6 of 2023. Since the parties and the subject matter involved in both the suits are one and the same, the learned Single Judge thought it fit to dispose of the above suits by a common order dtd. 2/9/2022. Therefore, it becomes appropriate for us to dispose both the OSAs simultaneously.

(2.) The appellant herein was the 2nd plaintiff, as well as the first defendant respectively in TOS and Tr.C.S.

(3.) The brief facts which are necessary for the disposal of the present OSAs is that one S.K.Parandaman was the absolute owner of the suit property. His wife is Smt.Padmavathy. They have three sons by name S.P.Krishnakumar, S.P.Vijayakumar and S.P.Thirulok Kumar. Among the legal heirs, S.P.Krishnakumar and S.P.Vijayakumar claim Testamentary succession by relying upon an unregistered Will dtd. 1/7/1998. On the contrary, the other two legal heirs of S.K.Parandaman, namely his wife S.Padmavathy and another son S.P.Thirulok Kumar propounding an intestate succession. Therefore, the central issue involved in the present OSAs is to find out the nature of succession qua whether testamentary succession or intestate succession. Claiming testamentary succession, two sons viz., S.P.Krishnakumar and S.P.Vijayakumar filed Testamentary Original Suit in TOS.No.6 of 2003. Similarly, other two legal heirs filed a suit for partition to divide the suit property into 4 shares and for allotting each one share to all the legal heirs in Tr.C.S.No.803 of 2016.