Elumalai Naicker (Decd) v. M.Kanniammal,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN (O.P No.79 of 2003) J.Saravanan ... Plaintiff Vs.

1.M.Kanniammal 3.N.Sulochana 3.R.Shyamala 4.B.Devi 5.C.N.Sivakumar 6.C.N.Sugumar ... Defendants 1/3

Prayer: Original Petition has been filed under Sections 232, 237 and 276 of the Indian Succession Act XXXIX of 1925 r/w Order XXV, Rule 5 of O.S Rules, for the grant of Letters of Administration in respect of the last Will and Testament of the deceased Elumalai Naicker. Against this petition, a Caveat and supporting affidavit was filed by the Caveators. As per order of this Court, the Original Petition No.79 of 2003 was converted into Testamentary Original Suit No.13 of 2003. For Plaintiff : No Appearance For Defendants : Mr.P.Devadas Mohamed Ezhiya

J U D G M E N T

When the matter was taken up for hearing on 24.07.2023 , there was no representation on behalf of the plaintiff and hence, the matter was posted under the caption "for dismissal" on 25.07.2023. Even today, (25.07.2023) there is no representation on behalf of the plaintiff either in person or through the counsel on record. Hence, this Testamentary Original Suit is dismissed for non-prosecution. No costs. 25.07.2023 Index:Yes/No Sepaking/Non-speaking Order uma 2/3

A.A.NAKKIRAN,J.

uma 25.07.2023 3/3