Dr.D.Prabhakar v. Smt.V.Rukmani And 5 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 25TH DAY OF MARCH 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN TOS.No.6 of 1996 In the matter of the Indian Succession Act XXXIX of 1925;
and In the matter of the Will of Venkatarangam Deenadayalu - Deceased Dr.D.Prabhakar No.79-B, Luz Avenue, Mylapore, Madras- 600 004.
..Petitioner/Plaintiff vs Smt.Amruthalakshmi No.44/2, M.I.G.Flats, Ashok Nagar, Madras - 600 083 ..Caveator/Defendant Testamentary Original Suit praying that this Hon'ble Court be pleased to allow the petitioner to prove the will in common form, and that probate thereof to have effect throughout the State of Madras be granted to him.
This Testamentary Original Suit coming on this day before this Court for hearing and the plaintiff and the defendant herein not appearing in person or by advocate and upon reading the petition filed herein and It is ordered as follows :- That the suit in TOS.No.6 of 1996 be and is hereby dismissed for non-prosecution.
2. That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 25TH DAY OF MARCH 2022.
Sd./- JOINT REGISTRAR //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
DL 25.04.2022 T.O.S.No.6 of 1996
ORDER
DATED : 25.03.2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL: 26.04.2022 APPROVED ON : 26.04.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.03.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN T.O.S.No.6 of 1996 Dr.D.Prabhakar ... Plaintiff Vs.
Amruthalakshmi ...Defendant Civil Suit filed under Sections 222 & 276 of the Indian Succession Act XXXIX of 1925 for grant of Probate For Plaintiff : No appearance For Defendant : No appearance
J U D G M E N T
On an earlier occasion, viz., 22.02.2022, the learned counsel for the defendant would submit that he could not contact the defendant and sought time to report the present stage of the suit, hence at his request, the matter was adjourned to 21.03.2022. On 21.03.2022, the learned counsel for the defendant submitted that since he could not contact his client for the past 15 years, he sent a letter dated 22.02.2022 through registered post acknowledgment due and the same was returned as 'No such Person' and
there was no appearance on behalf of the plaintiff also, hence this Court directed the Registry to print the name of the plaintiff as well as defendant in the cause list and to post the matter on 25.03.2022.
2. Today, on 25.03.2022, when the suit is taken up for hearing, though the name of the plaintiff as well as defendants are printed in the cause list, there is no appearance by the parties or through learned counsel, hence the present suit is dismissed for non-prosecution. No costs. Sd./-V.B.S.J.
25.03.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.