Rathnamala Suresh v. Babu Shivsubramaniam Chidambaram

902-TS-77-2016.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 77 OF 2016 IN TESTAMENTARY PETITION NO. 1131 OF 2015 WITH CAVEAT NO. 114 OF 2016 Rathnamala Suresh ...Plaintiff

Versus

Babu Shivsubramaniam Chidambaram ...Defendant Mr. Ajit Shah, i/b Jacob Kadantot for the Plaintiff. CORAM: G.S. PATEL, J DATED:

27th October 2016 PC:- 1.

The Defendant is persistently absent despite the matter being listed regularly and multiple opportunities. The progress of a suit cannot be indefinitely delayed by a Defendant staying away like this. 2.

The Caveat is discharged. There is no other contest to the Petitioner. The Petition to proceed as an uncontested Petition. 3.

The Suit is decreed. Drawn up decree dispensed with. 27th October 2016

902-TS-77-2016.DOC 4.

The Department is not to raise any requisition as to service of citation.

5.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 27th October 2016