K.Jaya Meshack v. Daniel Thomas(Decd)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 02.09.2024

CORAM:

THE HON`BLE MR.JUSTICE A.A.NAKKIRAN T.O.S.No.6 of 1993 (O.P No.259 of 1987) K.Jeya Meshack ... Plaintiff Vs.

1.Daniel Thomas(deceased) 2.M.Lidya Arputhamani(deceased) 3.T.Kamalam (deceased) (Defendants 1 & 2 are the L.R's of the deceased 3rd defendant and the same is recorded as per order dated 14.10.2003 made in Application No.4035 of 2003) 4.D.Jencee Leema 5.V.Devasagayam 6.D.Samuel Jabaraj (Defendants 5 & 6 are the L.R's of the 2nd defendant as per order dated 22.03.2022 made in A.No.1228/2022) ... Defendants Prayer: Original Petition has been filed under Order XXV Rule 5 of O.S RUles read with Sections 232, and 276 of the Indian Succession Act, praying for grant of Letters of Administration in respect of last Will and 1/3

Testament of the deceased S.Mesback. Against this petition, Caveat and supporting affidavit were filed by the Caveator. As per order of this Court, the Original Petition No.259 of 1987 was converted into Testamentary Original Suit No.6 of 1993.

For Plaintiff : No Appearance For Defendants : Mr.R.Chandrabose Chellaiah for D2 & D4 Mr.C.Senapathi for D5 &D6

J U D G M E N T

When the matter came up for hearing on 30.08.2024, there was no representation on behalf of the plaintiff and hence the matter was directed to be posted under the caption "for dismissal" on 02.09.2024. Even today (02.09.2024), there is no representation on behalf of the plaintiff either in person or through the counsel on record. Hence, the Testamentary Original Suit is dismissed for non-prosecution. No costs. 02.09.2024 Index : Yes/No (1/2) Speaking/Non-speaking order uma 2/3

A.A.NAKKIRAN,J.

uma T.O.S.No.6 of 1993 (1/2) 02.09.2024 3/3