E.Umberbiran (Decd) v. 1.U.Balasubramaniam,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 08.07.2022

CORAM:

THE HON`BLE MR.JUSTICE A.A.NAKKIRAN T.O.S.No.34 of 2001

1. Muniammal (deceased)

2. C.Suguna Sundari

3. L.Indrani .. Plaintiffs (Plaintiffs 2 and 3 were brought on record as per the order dated 25.02.2004 in Application No.814 of 2004, as the legal heirs of the deceased Muniammal, the first plaintiff.) vs.

1.U.Balasubramaniam 2.U.Kirubanandam 3.C.Sugunasundari 4.L.Indirani ... Defendants Prayer: Testamentary Original Suit filed under Section 222 and 276 of Indian Succession Act XXXIX of 1925, praying that the petitioner may be allowed to prove the Will in common form, and that probate thereof, to have effect throughout the State of Tamilnadu, may be granted to her. 1/4

For Plaintiffs : No Appearance For Defendants : No Appearance

J U D G M E N T

Earlier, when this Suit was posted on 08.06.2022 for hearing, there was no representation on either side and hence, the matter was posted on 10.06.2022. Subsequently, on 28.06.2022, when the matter was taken up for hearing, there was no representation on either side and hence, this Court had directed the Registry to issue summons to the plaintiffs enabling them to appear before this Court on 08.07.2022. Even today, (08.07.2022) there is no representation on behalf of the plaintiffs either in person or through the counsel on record. Hence, the Testamentary Original Suit is dismissed for non-prosecution. No costs.

08.07.2022 Index : Yes/No Internet : Yes Speaking/Non-speaking order uma 2/4

List of Witnesses & documents on either side : Nil 3/4

A.A.NAKKIRAN,J.

uma T.O.S.No.34 of 2001 08.07.2022 4/4