Advocates:
['R MUBARAK BASHA', 'm/s k mohan', '', 's dinesh kumar', 'r']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction )

Thursday, the Nineteenth day of November Two Thousand Twenty

PRESENT

THE HON`BLE MR JUSTICE T.RAJA

CMA Nos.1094 & 1095 of 2020

and CMP NOS 6915 & 6916 of 2020

THULARAM PRASAD (DIED) [ PETITIONER IN ALL THE PETITIONS ]

T.MANOHAR PRASAD

Vs

1 N.SURENDRAN [ RESPONDENTS IN ALL THE PETITIONS ]

2 N.RAJASEKAR

Petition praying that in the circumstances stated therein and

in the affidavit filed therewith the High Court will be pleased to

set aside the judgment and decree dated 19-11-2019 in

A.S.No.49/2015 on the file of Sub-Court, Thirupathur, in remanding

the case to the trail court, in O.S.No.241/2009 on the file of

Principal Disrict Munsif Court, Thirupattur.(CMA.1094/2020)AND;

(II)To set aside the judgment and decree dated 19-11-2019 in

A.S.No.64/2015 on the file of Sub-Court, Thirupathur, in remanding

the case to the trail court, in O.S.No.241/2009 on the file of

Principal Disrict Munsif Court, Thirupattur(in CMA.1095/2020)AND;

(III) To stay all further proceedings in A.S.No.49/2015 on

the file of Sub-Court, Thirupathur, in remanding the case to the

trail court in O.S.No.241/2009 on the file of Principal District

Munsif, Thirupathur (CMP.6915/2020)pending disposal of the above

CMA.1094/2020.

(IV)To stay all further proceedings in A.S.No.64/2015 on the

file of Sub-Court, Thirupathur, in remanding the case to the trail

court in O.S.No.241/2009 on the file of Principal District Munsif,

Thirupathur (CMP.6916/2020) pending disposal of the above

CMA.1095/2020.

Order : These petitions coming on this day for hearing

upon perusing the petition and the respective affidavits filed in

support thereof and upon hearing the arguments of MR.R.MUBARAK

BASHA, Advocate for the petitioner in all the petitions the court

made the following order:-

https://hcservices.ecourts.gov.in/hcservices/

Learned counsel appearing for the appellant pleaded that

when the suit in O.S. No.241 of 2009 was filed before the learned

Principal District Munsif, Thirupathur, during the pendency, no

application was made with regard to the un-registered Will dated

26.01.1996. Secondly, when the said suit was dismissed on

29.06.2015 after six years, nothing has been mentioned about the

Will. As against the dismissal of the suit, when A.S. Nos.49 and 64

of 2015 were filed before the Sub Court, Tirupathur, an Application

in I.A. No.40 of 2016 in A.S. No.64 of 2015 has been filed seeking

permission to receive additional documents under Order 41 Rule 27

of C.P.C. Accepting the same, the Appeal has been allowed and the

matter has been remanded. When the un-registered Will dated

26.01.1996 is a created document after the suit was filed, an

order of remand giving a chance to the plaintiffs respondents is

un-justified.

2.Notice to the respondents returnable in four weeks. Private

notice is also permitted. Post the matter after four weeks. In the

meanwhile, there shall be an order of interim stay.

-sd/-

19/11/2020

/ TRUE COPY /

Sub-Assistant Registrar ( Statistics / C.S. )

High Court, Madras - 600 104.

TO

1 TH PRINCIPAL DISTRICT MUNSIF

TIRUPATTUR

2 THE SUBORDINATE JUDGE

TIRUPATTUR

+2C.C. to MR.R.MUBARAK BASHA Advocate S.R.NO.5720/2020 AND

S.R.NO.5721/2020

Order

in

CMA.NOS.1094 &1095/2020

AND CMP.NOS.6915 & 6916/2020

Date :19/11/2020

From 26.2.2001 the Registry is issuing certified

copies of the Interim Orders in this format

MJ 27/11/2020

https://hcservices.ecourts.gov.in/hcservices/