Mrs.Gunabhushanam, v. 1.Saroja,1 & 2
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) WEDNESDAY, THE 16TH DAY OF MARCH 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN T.O.S.No.25 of 2000 (O.P.No.719 of 1992) In the matter of the Indian Succession Act XXXIX of 1925 and In the matter of Last Will and Testament of Narasimhalu Mudaliar - deceased Gunabhushanam No.6, Ganapathy Colony, 1st Street, Royapettah, Madras -15
...Petitioner
vs 1.Saroja Ammal 2.L.Saroja 3.L.Kumar 4.Kala Jayachandran 5.Prema Moorthy ...Caveator/Defendant Testamentary Original Suit praying that this Hon'ble Court be pleased to grant letters of Administration with the registration copy of the Will annexed to the petitioner having effect throughout the State of Tamil Nadu.
This Testamentary Original Suit coming on this day before this Court for hearing in the presence of N.S.Varadachari, Advocate for the defendants herein and the plaintiff herein not appearing in person or by advocate and upon reading the petition filed herein, It is ordered as follows :- That the suit in T.O.S.No.25 of 2000 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 16TH DAY OF MARCH 2022.
Sd./- JOINT REGISTRAR (O.S.) //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 07.04.2022 T.O.S.No.25 of 2000 (OP.No.719 of 1992)
ORDER
DATED : 16.03.2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL: 19.04.2022 APPROVED ON : 20.04.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.03.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN T.O.S. No.25 of 2000 in O.P. No.719 of 1992 Gunabhushanam ...Plaintiff .Vs.
1.Saroja Ammal 2.L. Saroja,
3. L. Kumar,
4. Kala Jayachandran,
5. Prema Moorthy, ... Defendants Prayer:
T.O.S. Numbered on conversion of O.P No.719 of 1992 as per Order dated 24.10.2000 passed by Assistant Registrar- (O.S.-I) which has been filed praying for grant of letters of Administration with the registration copy of the Will annexed to the petitioner having effect throughout the State of Tamil Nadu.
For Plaintiff : No Appearance For Defendants : Mr. N.S. Varadachari ********
J U D G M E N T
When the matter was listed on 24.02.2022, there was no representation on behalf of the plaintiff in the aforesaid suit and the learned counsel for the defendant alone was present. In this case, the written statement was filed in the year 2001 itself in the aforesaid suit. Hence, the matter was adjourned to 14.03.2022 for filing draft issue. When the matter came up for hearing on 14.03.2022, there was no representation for the plaintiff and hence, the Registry was directed to list the matter on 16.03.2022 under the caption "for dismissal".
2. Despite the same, even today, there is no representation on behalf of the plaintiff either through counsel or in person.
3. In view of the above, the T.O.S. is dismissed for non prosecution. No costs.
Sd./-V.B.S.J.
16.03.2022 //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.