JUDGMENT :

D. BHARATHA CHAKRAVARTHY, J.

Prayer: Original Side Appeal filed under Order XXXVI and Rule 11 read with clause 15 of the Letters of Patent, to set aside the Fair and Final Order dated 26.06.2018, made in T.O.S. No. 1 of 2016 (O.P. No. 646 of 2014), passed by this Court.

1. This Intra Court appeal is filed by the unsuccessful defendant in the Testamentary Original Suit No. 1 of 2016 as against the Judgment and Decree of the Learned Judge of this Court decreeing the T.O.S. No. 1 of 2016, thereby granting Letters of Administration with the Will annexed in favour of the plaintiff in respect of the Last Will dated 13.12.2000 of the deceased one Ramasamy S/o Gopal.

2. The plaintiff/Mr. R. Parathasarathy is the brother of the defendant Ms. Mannammal. They are both children of late. G. Ramasamy S/o Gopal and his wife R. Kannammal. G. Ramasamy died on 16.02.2001. The said R.Kannammal died intestate on 19.06.2006. On 20.04.2007, the defendant herein viz. Mannammal joining her four sons also as plaintiffs filed a suit for partition in O.S. No. 4366 of 2007 on the file of the XIII - Assistant Judge, City Civil Court, Chennai, praying to partition the suit property viz. the house, ground