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Madras High CourtOP/766/2004dismissed for nonprosecution

R.Krishnasamy (Decd) v. K.Srinivasan

2021-11-23Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23.11.2021 Coram:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Original Petition No.766 of 2004 and A.No.5343 of 2012 K.Jambagalakshmi .. Petitioner -vs1. K.Srinivasan

2. Jayanthi

3. K.Chithra

4. V.R.Sundararajan

5. S.Srinivasan

6. S.Sridevi

7. S.Sudarson

...Respondents

Original Petition filed under Sections 232 and 276 of Indian Succession Act, XXXIX of 1925 for grant of Letters of Administration under Order XXV Rule 5 of O.S.Rules, praying that the Letters of Administration with Will annexed may be granted to the petitioner as the wife and legatee under the Will of the deceased R.Krishnaswamy having effect limited to the State of Tamil Nadu.

For petitioner : Mr.S.Ambalavannan For respondents: Mr.T.S.Vijayaraghavan 1 / 3

ORDER

There is no representation on the side of the petitioner. However, the learned counsel for the respondents is present.

2. This Court, by its order dated 17.09.2014, recorded the fact that there was no representation on the side of the petitioner from 13.08.2013 and steps have also not been taken by the petitioner to serve the notice on the respondents. In the same order, this Court has observed that the petition is pending for two years for non-cooperation of the petitioner. 3.

Even today, there is no representation on behalf of the petitioner. Therefore, it can now be inferred that the petitioner is not interested in prosecuting the petition. Accordingly, this Original Petition is dismissed for non-prosecution. No costs. Consequently, A.No.5343 of 2012 is also closed.

23.11.2021 srn 2 / 3

ABDUL QUDDHOSE, J srn Original Petition No.766 of 2004 and A.No.5343 of 2012 23.11.2021 3 / 3