JUDGMENT :

V. PARTHIBAN, J.

Prayer: Original Petition No. 45 of 2018 filed under Sections 232 and 276 of the Indian Succession Act and under Order XXV Rule 5 of the Original Side Rules of this Court, for issuance of Letters of Administration with the Will annexed to the petition as one of the Legatees (Son) under the Will of the deceased R. Venkatachala Naicker, giving effect limited to the State of Tamil Nadu.

Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules of this Court read with Section 263 of the Indian Succession Act, and Application No. 2829 of 2021 (in O.P. No. 45 of 2018) filed praying to revoke the Letters of Administration order passed in O.P. No. 45 of 2018, dated 24.04.2019.

Judge's Summons issued under Order XIV Rule 8 of the Original Side Rules of this Court, read with Section 151 of the Code of Civil Procedure (CPC) and A. No. 2830 of 2021 (in O.P. No. 45 of 2018), filed praying to grant an order of stay of all further proceedings in O.S. No. 482 of 2019 on the file of the III Additional District Court, Poonamallee, pending disposal of the application seeking for revocation of grant of Letters of Administration in this Court.

1. Original Petition No. 45 of 2018 was filed under Sections 232 and 276 of the Indian Succession Act and under Order XXV Rule 5 of the Original Side Rules of this Court, for issuance of Letters of Administration with the Will annexed to the petition as one of the Legatees (son) under the Will of the deceased R. Venkatachala Naicker, giving effect limited to the State of Tamil Nadu. This Court, by order dated 24.04.2019 granted Letters of Administration in favour of the petitioner/V. Seethapathy.

2. Now, A. No. 2829 of 2021 in O.P. No. 45 of 2018 is filed by the fifth respondent in the said O.P. (i.e. V. Anandan) to revoke the Letters of Administration granted by this Court on 24.04.2019 in favour of the said V. Seethapathy.

3. According to the applicant/V. Anandan, the Letters of Administration granted in respect of the last Will, dated 04.04.2006, was fabricated and created by the first respondent/V. Seethapathy in his favour with an ulterior motive to grab the properties in an unlawful manner. According to the applicant herein, the testator Mr. R. Venkatachala Naicker had never executed any Will and during the lifetime of the testator, the applicant as well as the respondents herein had jointly enjoyed the properties. After the death of the said Venkatachala Naicker on 10.03.2008, there was no amicable settlement among the parties, which led to the filing of the partition suit in O.S. No. 71 of 2009 on the file of the Subordinate Court, Poonamallee (Thiruvallur District). Suppressing the pendency of the said partition suit, O.P. No. 45 of 2018 was filed before this Court and the Letters of Administration has been obtained by the first respondent herein.

4. According to the applicant, he received summons from this Court on 17.02.2018, and due to pre-occupation and illness, he could not appear before this Court and contest the said O.P. The applicant had come to know about the O.P. being disposed of finally by this Court on 24.04.2019. Relying upon the order dated 24.04.2019 passed in the said O.P. the first respondent-Seethapathy has filed the suit for declaration and recovery of possession in O.S. No. 482 of 2019 on the file of the III Additional District Court, Poonamallee. Hence, A. No. 2829 of 2021 in O.P. No. 45 of 2018 is filed to revoke the said grant of Letters of Administration in favour of the first respondent/V. Seethapathy. Further, A. No. 2830 of 2021 in O.P. No. 45 of 2018, is filed before this Court to stay all further proceedings in the said O.S. No. 482 of 2019.

5. The said applications are strongly resisted by the learned counsel for the first respondent, by filing counter affidavit, on the ground that the said applications are not maintainable for several reasons. At the outset, he submitted that in terms of Section 263 of the Indian Succession Act, the