IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.07.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN C.R.P(PD).Nos.2909 & 2982 of 2023 &

C.M.P.Nos.18008 & 18413 of 2023

1.G.Pradeep 2.G.Malathi

3.G.Divya ... Petitioners in CRP(PD).No.2909 of 2023

1.Kanchanamala

2.A.Rajendraprabhu

3.Radhika Pari

4.Sangeetha … Petitioners in CRP(PD).No.2982 of 2023 -Versus-

1.B.Senthil

2.B.Rajesh ... Respondents in both CRPs.

Civil Revision Petitions filed under Article 227 of the Constitution of the India to set aside the order passed in I.A.No.845 of 2015 and I.A.No.845 of 2015 in O.S.No.498 of 2015 dated 27.01.2023 on the file of the I Additional District Judge, Coimbatore.

For Petitioners Mr.K.Mohanamurali in both CRPs.

For Respondents : Mr.M.Guruprasad in both CRPs.

COMMON ORDER

These two civil revision petitions arise against the order of the learned I Additional District Judge at Coimbatore in I.A.No.845 of 2015 and I.A.No.846 of 2015 in O.S.No.498 of 2015 dated 27.01.2023.

2. O.S.No.498 of 2015 is a suit filed for (a) a declaration that the Will executed by Soundararajan dated

15.07.2001 is null and void;

(b) a declaration that the Will executed by one Gnanambal dated

14.06.2002 is null and void;

(c) a declaration that the Will executed by Varadharajan on 10.03.2010 is null and void;

(d) a declaration that the settlement deed executed by the second defendant in favour of the first defendant is null and void;

(e) a declaration that the settlement deed executed by the sixth defendant in favour of the fifth defendant is null and void; and (f) a partition of the properties into four equal shares and allotment of

1/4^th share to each of the plaintiffs and for mense profits and for other reliefs.

3. There is no dispute in the relationship between the parties. The admitted genealogy chart is reproduced hereunder:

Nataraja Udayar I Gnanambal __________________________________I__________________________________

I I I I I I Soundararajan Arumugam Gnanavel Varadarajan Sarojini Indirani (Died on (Died) (Died on (Died on (Died on (Died on

24.10.2001) 15.06.2019) 12.03.2010) 16.05.2008) 01.06.1996 I I I I Kanchanamala Pradeep (D6) Natarajan(D7)

Balasubramaniam (D1) (D8)

___________I____________ _______I_____

I I I I I Rajendra Radhika Sangeetha Senthil Rajesh Prabu Pari (P1) (P2)

(D2) (D3) (D4)

4. It is the case of the plaintiffs that one Nataraja Udayar had acquired the suit schedule mentioned properties and passed away on 29.04.1985. He left behind his wife, Gnanambal, four sons and two daughters as his legal heirs. The plaintiffs are the sons of the last daughter Indirani. According to them, Nataraja Udayar had died intestate and therefore, the property devolved on all the legal heirs.

5. After the death of Nataraja Udayar, one of the sons namely Varadharajan filed a suit for partition and separate possession in O.S.No.655 of 1995. This suit then pending before the learned Principal Subordinate Judge at Coimbatore came to be compromised and a compromise final decree was passed. As per the compromise, the properties were divided into four shares. C schedule mentioned property was allotted to Varadharajan and D schedule mentioned property was allotted to Soundararajan.

6. It is pertinent to point out here that both Varadharajan and Soundararajan remained unmarried and died issueless on 24.10.2001 and 12.03.2010 respectively. The plaintiffs further alleged that on the death of Soundararajan, the property was succeeded to by Gnanambal, the mother of the said Soundararajan, but they alleged that Gnanambal died intestate on 12.09.2004. They would plead that on Gnanambal's death, the properties will be devolved on all the surviving sons and daughters born to Nataraja Udayar and Gnanambal and each of them will be entitled to 1/5^th share.

7. The plaintiffs would further plead that since Varadharajan died intestate on 12.03.2010, the 1/5^th share which devolved on him has to be shared by other surviving legal heirs and therefore, each of them will be entitled to

1/4^th share and hence, th