LAWS(MAD)-2017-6-161

A.S. RATHINASABAPATHY Vs. P. MADAN MOHAN

Decided On June 15, 2017
A.S. Rathinasabapathy Appellant
V/S
P. Madan Mohan Respondents

JUDGEMENT

(1.) The petitioners/plaintiffs filed a petition in O.P. No.684 of 2003 under sections 232, 255 and 276 of the Indian Succession Act, 39 of 1925 and under Order 25, Rule 5 of the Rules of the Original side of the High Court, Madras for the grant of letters of administration in the matter of the last Will and Testament dated 08.09.1960 of Smt. Meenakshi Sundarammal @ Mrs. P.M. Jayaram, the deceased. As against the said petition, a caveat was filed by the Caveator/first defendant P. Madan Mohan on 07.02.2004 with the supporting affidavit. Thereafter, the above said original petition had been ordered to be converted into Testamentary Original Suit and accordingly, TOS. No.8/2004 has come to be registered.

(2.) The defendants 2 and 3, in the above said Testamentary Original Suit, had been impleaded as per the order dated 16.07.2004 in Application No.2640/2004. The defendants 4 to 10 had been impleaded in the Testamentary Original Suit as per the order dated 22.09.2011 in Application No.2974/2011. The defendants 11 to 13 had been brought on record as the legal representative of the deceased 7th defendant vide order dated 22.09.2016 in Application No.4004 of 2016.

(3.) The averments contained in the plaint are briefly stated as follows:-