1 IN THE HIGH COURT OF JUDICATURE AT MADRAS (TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 23RD DAY OF SEPTEMBER 2011 THE HON'BLE MR. JUSTICE P.R.SHIVAKUMAR O.A.NO.596 OF 2010 IN T.O.S.NO.13 of 1993 In the matter of the Indian Succession Act (Act XXXIX of 1925) and In the matter of the Will of Kokilambal (deceased) Ko Munnetram alias Venkatachalam residing at No.44, 3rd Palla Street, Vysarpadi, Madras-39. ..Petitioner/Plaintiff VS N. Padmanabha Mudaliar, No.285, Erukancherry High Road, Vyasarpadi, Madras-39. ..Respondent/Defendant O.A.NO.596 OF 2010:- 1. M.Manivannan, (deceased) (*) 2. M.Janakiraman S/o. Late Megantha Mudaliar, 8/41, 193rd Street, Muthamizh Nagar, Kodungaiyur, Chennai. 3.Mrs.M.Valiammal, 65 (*) W/o.late M.Manivannan 32/44, Cooks Road, Ottery, Chennai-12. https://hcservices.ecourts.gov.in/hcservices/ 2 4.M.Senguttuvan (*) S/o.late M.Manivannan 32/44, Cooks Road, Ottery, Chennai-12. 5.M.Poombavai, D/o.late M.Manivannan, 32/44, Cooks Road, Ottery, Chennai-12. 6.T.Vasugi, (*) D/o.late M.Manivannan No.70/75-A, Grama Street, Thiruvottriyur, Chennai-19. 7.S.Samundeeswari, (*) D/o.Late M.Manivannan, No.30/15, Gopal Street, Cheyyar-604 407. ..Applicants Impleaded as per order dated 25.8.2011(*) passed in Application No.3385 of 2011. VS 1. Ko. Munnetram alias Venkatachalam, S/o. Late Gopal Mudaliar, 44, 3rd Palla Street, Vysarpadi, Chennai 600 039. .1st Respondent/Plaintiff 2. Padmanabha Mudaliar, S/o. Late Nrayanasamy Mudaliar, No.285, Errukancheri High Road, Vysarpadi, Chenni-600 039. ..2nd Respondent/Defendant (deceased) Original Application praying that this Hon'ble Court be pleased to pass an order of interim injunction restraining the plaintiff/1st respondent from encumbering or alienating the building premises bearing Door No.32/44, Cooks Road, Otteri, Chennai-12 in any manner either by himself or through his men, agents, servants, or any person claiming under him or through him pending disposal of the https://hcservices.ecourts.gov.in/hcservices/ 3 above Application for Revocation of Letters of Administration in T.O.S.No.13 of 1993. Schedule All that the ground and building premises bearing door No.32/44, Cooks Road, Otteri, Chennai-12. This Original Application coming on this day before this Court for hearing the court made the following order: This is an application filed seeking an order of injunction restraining the first respondent herein, in whose favour Letters of Administration was granted in TOS No.13 of 1983, from in any way encumbering or alienating the properties mentioned in the schedule to the application, pending disposal of Application No.2842 of 2010 for revocation of Letters of Administration granted in favour of the first respondent. 2. The submissions made on both sides were heard. The materials placed on both sides were also perused. 3. The first respondent filed O.P.No.475 of 1992 for grant of Letters of Administration with Will annexed based on an alleged Will dated 18.08.1990 executed by deceased Kokilambal. In that petition his surviving junior paternal uncle, namely Padmanabha Mudaliar, alone was the caveator and on his opposition, the original petition was converted into a Testamentary Original Suit and numbered as T.O.S.No.13 of 1983. Admittedly, during the pendency of the suit, the said Padmanabha Mudaliar, who is shown as the second respondent herein (dead), died on 29.09.1994 and thereafter, without impleading his legal heirs, the suit was pursued by the first respondent herein/plaintiff, which ultimately resulted in the grant of Letters of Administration in his favour on 07.03.2008. Under such circumstances, the applicants, being the sons of another https://hcservices.ecourts.gov.in/hcservices/ 4 brother of the deceased defendant, have come forward with the above said application No.2842/2010 for revocation of the grant of Letters of Administration and they have prayed for an injunction as indicated supra till the disposal of the said application. 4. Upon hearing both sides and upon considering the facts leading to the filing of these applications, this court is of the view that there are materials to make out a prima-facie case for the grant of the relief of revocation of Letters of Administration, because arguable and contentious questions are involved in the application for revocation. They are: " (1) Whether the suit did not abate on the death of the sole defendant and consequent to the failure on the part of the plaintiff to implead the legal representatives of the deceased sole defendant? (2) Whether legal heirs of the deceased sole defendant can be said to have not inherited the caveatable interest of the defendant to question the genuineness and validity of the Will and the plea for the grant of Letters of Administration? (3) Whether there had been suppression of facts and the grant of Letters of Administration was obtained based on such suppression?." These questions have to be dealt with in detail in the application for revocation of Letters of Administration. https://hcservices.ecourts.gov.in/hcservices/ 5 Hence this court deems it fit to hold that there is a prima facie case made out by the applicants for the grant of interim injunction as prayed for pending disposal of the application for revocation. 5. Accordingly, O.A.No.596 of 2010 is allowed and the injunction as prayed for is granted pending disposal of the Application No.2842 of 2010. Sd/-P.R.S.J 23.09.2011 //Certified to be a true copy// Dated this the day of 2011. R.s/21.11.2011 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format. https://hcservices.ecourts.gov.in/hcservices/