RADHA GOPALAKRISHNAN Vs. M RAJENDRAN

JUDGEMENT

(1.) THIS Civil Revision Petition arises against the order dated 22. 12. 20 03 by the District Munsif, Poonamallee in I. A. No. 305 of 2003 in O. S. 2 74 of 1997, which was an application preferred by the revision petitioners/ plaintiffs 1 and 3 on 12. 02. 2003 under Order 23 Rule 1 CPC, seeking permission to withdraw the suit filed by them with liberty to file a fresh one on the same cause of action.

(2.) THAT was a suit filed by these petitioners and others Radha, geetha and Sudha, who are among the five foster daughters of late M. G. Ramachandran, who expired on 24. 12. 1987 when his Will dated 18. 01. 1987 came into operation, wherein the executor was Mr. N. C. Raghavachari and alternatively under such circumstances the present first defendant Rajendran. The said Will was probated in O. P. No. 388 of 1992 and according to the same, there was life estate given to Mrs. Janaki, widow of the deceased and after whose death that took place on 10. 05. 1996 the three plaintiffs along with two other foster daughters Janaki Sivaraman and Nirmala Ravindran were to enjoy till their life and after whose lifetime, the interest may devolve upon their children.

(3.) THE subject matter of the Will was an extent of acre 6. 46 comprising of three items measuring acre 2. 18 in Survey No. 19, acre 1. 38 in survey No. 20 and acre 2. 90 in Survey No. 21 of Manappakkam Village, Ambattur takluk. Survey No. 19 and 20, according to the plaintiff, contained the bungalow portion and the remaining extent in Survey No. 21 was vacant. The building area was bequeathed to the foster daughters and the vacant land was given to a proposed School for Deaf and Dumb. The present executor of all is first respondent / first defendant. There is some dispute inter se as to the capa city of first defendant to become executor, while the first executor mr. N. C. Raghavachari was alive, and which issue is not very much relevant here. There happens to be some difference of opinion between the plaintiffs and nirmala, another foster daughter of the testator.