JUDGMENT :

R. SUBBIAH, J.

Prayer: Original Side Appeal filed under Order XXXIX Rule 1 of the Original Side Rules of this Court, read with Clause 15 of the Letters Patent against the judgment and decree dated 20.04.2017 passed by the learned Single Judge in T.O.S. No. 7 of 2007 (O.P. No. 524 of 2006) on the file of this Court.

1. This Original Side Appeal (O.S.A.) has been filed against the judgment and decree dated 20.04.2017 passed by the learned Single Judge in T.O.S. No. 7 of 2007 (O.P. No. 524 of 2006) on the file of this Court in and by which, the said T.O.S. was dismissed.

2. The appellants herein are the plaintiffs and the respondents herein are the defendants in the said T.O.S. For the purpose of convenience, the parties are referred to herein as they are ranked in the T.O.S. as plaintiffs and defendants.

3. Originally, O.P. No. 524 of 2006 was filed by plaintiffs under Sections 218 and 278 of the Indian Succession Act and Order XXV Rule 5 of the Original Side Rules of this Court with regard to the matter of Estate of Mrs. Parameswari, who died intestate, seeking Letters of Administration in respect of the property and credits of the deceased to have effect limited to the State of Tamil Nadu. The said O.P. was filed indicating the Schedule of Assets and Securities as detailed below:-

ASSETS

S. No. Details of property (Movable and Immovable) Valuation as on date of Application

1 Immovable property located at Flat No. 4, First Floor, Block No. 1, Survey No. 4304 Part of Block No. 96, Mylapore Village, Raja Annamalaipuram, Chennai, ad-measuring 65.02 Square Meters Rs. 5,00,000/-

2 Immovable property located at Flat No. 5, Second Floor, Block No. 1, Corporation Door No. I-5 Rohini Gardens, Raja Annamalaipuram, Chennai-600 028, comprised in R.S. No. 4304 Part, Block No. 96 at Mylapore Division, Raja Annamalaiapuram in Madras City ad- measuring 65.02 Square Meters Rs. 5,00,000/-

3 Gold, ornaments, coins and other gold items weighing 950 Grams Rs. 4,50,000/-

SECURITIES

S. No. Description No. of shares Total Value

1 Swakath Marine Products Private Ltd. 1500 equity shares of Rs. 10/- each Rs. 15,000/-

2 Saravanan Marine Products Private Limited 1500 equity shares of Rs. 10/- each Rs. 15,000/-

4. During the pendency of the said O.P. caveat was filed on 22.08.2006 and 09.11.2006 by the defendants 1 and 2 with supporting affidavits and hence, the said O.P. was ordered to be converted as Testamentary Original Suit and numbered as T.O.S. No. 7 of 2007.

5. Originally, the said O.P. was filed by the first plaintiff - K.K. Anbazhagan showing his sisters - K.K. Manivasugi and K.K. Karpagam as respondents 1 and 2 and the first respondent - K.K. Manivasugi was subsequently transposed as second petitioner (second plaintiff) as per order dated 13.02.2008 in Application No. 5406 of 2007 and extended order dated 23.04.2008. The respondents 3 and 4 in the O.P. were impleaded as per order dated 31.08.2006 in Application No. 3568 of 2006. The respondents 3 and 4 in the O.P. are the defendants in the T.O.S.

6. The case of the plaintiffs as stated in the affidavit filed in support of the said O.P., is as follows:

(a) The second plaintiff K.K. Manivasugi is the wife of K. Muthuswamy and is the natural sister of the deceased Parameswari. The second respondent in O.P. namely K.K. Karpagam is the wife of Ramaswamy and is the natural sister of the deceased Parameswari. The said Parameswari died on 16.02.2006 at B.S.S. Hospital, Mandaveli, Chennai-28 and she ordinarily resided at I-4, Rohini Gardens, Santhome High Road, R.A. Puram, Chennai-28 before her death. The deceased left the first plaintiff-Anbazhagan as the sole surviving legal heir and no other relations exist. The deceased died intestate and that due and diligent search had been made for a Will, but none had been found, and hence, the first plaintiff claims administration of her property/Estate, effects and credits as his own. The deceased died issue-less and her husband Mr. Rathinavelu pre-deceased her on 19