Uttamchand Sonigara v. Neeta

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN (O.P No.9 of 2003) Uttamchand Sonigara ... Plaintiff vs.

1.Neeta @ Nirmala 2.Lovely @ Poorvi (Minor) 3.Prince @ Pranay (Minor) Rep. by the testamentary guardian Champalal Sonigara ... Defendants Prayer: Original Petition has been filed under Sections 222 and 276 of the Indian Succession Act XXXIX of 1925 r/w Order XXV, Rule 4 & 5 of O.S Rules, for the grant of Letters of Administration in respect of the last Will and Testament of the deceased Suresh Kumar C.Jain. Against this petition, a Caveat and supporting affidavit was filed by the Caveators. As per order of this Court, the Original Petition No.9 of 2003 was converted into Testamentary Original Suit No.14 of 2003.

For Plaintiff : No Appearance For Defendants : No Appearance 1/3

J U D G M E N T

When the matter was taken up for hearing on 01.08.2023 , there was no representation on behalf of the plaintiff and hence, the matter was posted under the caption "for dismissal" on 02.08.2023. On 02.08.2023, the learned counsel for the plaintiff has submitted that he has given change of vakalat and also handed over the entire bundle to the plaintiff and hence this Court directed the Registry to remove the name of the plaintiff's counsel; print the name of the plaintiff and post the matter on 03.08.2023. Even today, (08.08.2023) the plaintiff is not appeared before this Court. Hence, this Testamentary Original Suit is dismissed for non-prosecution. No costs.

08.08.2023 Index:Yes/No Sepaking/Non-speaking Order uma 2/3

A.A.NAKKIRAN,J.

uma 08.08.2023 3/3