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2023 Supreme(Mad) 1910

R. MAHADEVAN, MOHAMMED SHAFFIQ
Rajalakshmi – Appellant
Versus
M. Balasubramanium – Respondent


Advocates appeared:
For the Appellants:R. Thiagarajan, Advocate. For the Respondents:R1 to R3, K. V. Babu, Senior Counsel for M/s. Durga V Bhatt For R6, V. Nicholas, R8, H. Vijayakumar, Advocates. R4, R5, R7, R9 & R10, No appearance.

JUDGMENT

(Prayer:Original Side Appeal filed under Order 36, Rule 9 of the Original Side Rules read with clause 15 of the Letters Patent, against the order and decreetal order dated 30.09.2022 passed by the learned Judge in Application No.4664 of 2021 in C.S.No.362 of 2021.)

R. Mahadevan, J.,

1. This Original Side Appeal has been filed as against the order passed by the learned Judge in Application No.4664 of 2021 in C.S.No.362 of 2021, on 30.09.2022.

2. The facts which are necessary for disposal of this Original Side Appeal are as follows:

2.1. The first appellant herein is the daughter and the respondents 1 to 3 herein are the sons of late P.M.Maruthai Chettiar, who passed away on 07.10.2019. The appellants 2 and 3 are the sons of the first appellant and the respondents 4 to 7 are the surviving legal heirs of the predeceased daughter by name Jeevarathinam of the said Maruthai Chettiar.

2.2. The aforesaid Maruthai Chettiar, had some fixed deposits with the respondent Banks to the tune of Rs.4,27,83,583/-, for which the appellants 1 to 3 were appointed as nominees. Upon the death of Maruthai Chettiar, the nominees approached the banks for withdrawing the

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