LATHA RAJENDRAN Vs. HONBLE MR JUSTICE HARIPARANTHAMAN (RETD)

JUDGEMENT

(1.) Both the Original Side Appeals O.S.A.Nos.2 of 2017 and 202 of 2017 have been filed against the Common Judgment and Order dated 24.11.2016, dismissing the applications filed by the respective appellant, who had individually sought for appointment as the Administrator for the Estate and Trust of the testator late Dr. M.G.Ramachandran, whose Will dated 28.04.1986, was probated by Order of this Court dated 14.07.1992 in O.P.No.388 of 1992. O.A.No.682 of 2013 in O.P.No.383 of 1992 was filed by the appellant in O.S.A.No.2 of 2017 before the learned Single Judge seeking for her appointment as the administrator of the Estate and the Trust of late Dr. M.G.Ramachandran. Application No.2571 of 2013 was filed by the appellant in O.S.A.No.202 of 2017 before the learned Single Judge seeking for her appointment as the administrator of the Estate and the Trust of late Dr. M.G.Ramachandran. Both the applications along with other application filed by the parties seeking the same relief came to be dismissed by the learned Single Judge by a Common Judgment and Order dated 15.11.2016 against which the present appeals have been preferred by the respective applicant.

(2.) The appellant in O.S.A.No.2 of 2017 seeks appointment as an administrator, not as a legal representative of the deceased executor M.Rajendran, but, based upon her qualification as she has been managing the affairs of the estate and trust of Late Dr.M.G.Ramachandran for quite sometime even during the lifetime of her husband M.Rajendran who was the executor under the Will who obtained an order of probate on 14.07.199

(3.) The appellant in O.S.A.No.202 of 2017 seeks appointment as an administrator not alone as a beneficiary under the Will dated 18.01.1987 of late Dr. M.G.Ramachandran but also as a qualified person.