A.H.Krishnamoorthy, v. 1.S.N.Balaram (Decd),
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 03RD DAY OF DECEMBER 2021 THE HON'BLE MR. JUSTICE N. SESHASAYEE TOS No. 29 of 1997 (O.P.No. 451 of 1993) In the matter of the Indian Succession Act XXXIX of 1925;
AND In the matter of the last Will and Testament of S.S.BaggiammalDeceased.
A.H.Krishnamoorty, S/o.A.Hanumanthaiyer, Old No.35, New N.14, Salai Street, Mylapore, Chennai-600 004.
... Plaintiff -Vs- (*) 1. S.N.Balaraman (Deceased) (*) 2. T.R.Saroja (Deceased) (*) 3.S.R. Sridhar (*) 4.S.R. Baskar (*) 5.S.R. Gnanesh (*) 6.S.R. Suresh (*) D3 to D6 residing at New No.15, Old No.26, Pillayar Kovil Street, Walltax Road,Chennai-600 003.
(*) 7.T.R. Mothilal Old No.18A, Manicka Street, Chennai 600 112 (*) 8.J.S. Girija No.176th Street, Muthtamil Nagar Kodugaiyur, Chennai 600 118 (*) 9.N.P. Shanthi Srinivasa Nagar Madurai.
(*) D3 to 6 impleaded in the place of the deceased 1st defendant and D7 to D9 brought on record L.Rs of the deceased 2nd defendant as per order dated 04.09.2017 in Appln.No.2474 and 3596/2017 ... Defendants 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 Tamil Nadu may be granted to him.
This Testamentary Original Suit coming on this day before this Court for hearing in the presence of Mr.S.Balasubramanian, Advocate for the plaintiff herein and upon reading the peition filed herein and the learned counsel for the plaintiff having submitted that he has written instructions from his client not to prosecute the case further,
it is ordered as follows :- That the T.O.S.No.29 of 1997 be and is hereby dismissed as not preseed.
2. That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 03RD DAY OF DECEMBER 2021. Sd./- JOINT REGISTRAR (O.S)i/c //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.
KY 20.01.2022 T.O.S No. 29 of 1997 (O.P.No. 451 of 1993)
ORDER
DATED : 03/12/2021 THE HON'BLE MR. JUSTICE N. SESHASAYEE FOR APPROVAL: 20.01.2022 APPROVED ON : 20.01.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.12.2021
CORAM
THE HONOURABLE MR.JUSTICE N. SESHASAYEE T.O.S. No. 29 of 1997 A.H. Krishnamoorthy ..Plaintiff Vs.
1.
S.N. Balaraman (deceased) 2.
T.R. Saroja (deceased) 3.
S.R. Sridhar 4.
S.R. Bhaskar 5.
S.R. Gnanesh 6.
S.R. Suresh 7.
T.R. Mothilal 8.
J.S. Girija 9.
N.P. Shanthi (D3 to D6 impleaded in place of deceased 1st defendant and D7 to D9 brought on record as L.R.s of the deceased 2nd defendant as per order dated 04.09.2017 in Application No. 2474 and 3596 of 2017) ..Defendants Prayer:
Petition filed under Sections 222 and 276 of Indian Succession Act XXXIX of 1925, for the grant of probate. As per order of this Court dated 14.03.1997 in Application No. 68 of 1997 in T.O.S. No. 22 of 1992.
(O.P. No. 325 of 1990), the Original Petition No. 451 of 1993 has been converted into Testamentary Original Suit No. 29 of 1997. For Plaintiff ::
Mr.S. Balasubramanian
J U D G M E N T
Learned counsel for the plaintiff submits that he has written instructions from his client not to prosecute the case further. 2.
Accordingly, T.O.S. No. 29 of 1997 is dismissed as not pressed. No costs.
Sd./- N.S.S.J.
03.12.2021 //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.