JUDGMENT

(Prayer: This Civil Miscellaneous Second Appeal is filed under Section 100 of Code of Civil Procedure r/w Order 4B Rule 1 r/w Section 151 of Code of Civil Procedure, against the judgment and decree of the learned District Judge of the Nilgiris, Udhagamandalam dated 13.10.2022 passed in CMA No.02 of 2021, confirming the judgment and decree of the learned Subordinate Judge, Coonoor, dated 23.12.2020 passed in S.O.P.No.62 of 2018.)

1. The unsuccessful petitioner in S.O.P.No.62 of 2018 is the appellant herein.

2. At the time of the admission, the learned Standing Counsel for TNEB/respondents 1 and 2, had taken notice. In view of the order proposed to be passed, notice is dispensed with for respondents 3 and 4.

3. The appellant/petitioner filed Succession Original Petition before the learned Subordinate Judge, Coonoor in SOP No.62 of 2018 and the same was dismissed on 23.12.2020 and the further CMA under Order 43 Rule 1 in CMA No.2 of 2021 was dismissed on 13.10.2022 with costs of Rs.25,000/-.

4. The short facts that are necessary for determination of the appeal are as under.

(i) The petitioner married one B.Charles on 03.01.1977 at Sagayamatha Church (Lady of Perpetu