Pattammal (Decd) v. V.Vasudevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 17TH DAY OF MARCH 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN In the matter of Indian Succession Act XXXIX of 1925 and In the matter of the Last Will and Testament of Pattammal - deceased.
V.Dhanasekaran Old No.8, New No.23, Gopalapuram IIIrd Street, Peravallore, Chennai - 600 082
...Petitioner/Plaintiff
vs V.Vasudevan No.8, New No.23, Gopalapuram IIIrd Street, Peravallore, Chennai- 600 082 ...Caveator/Defendant Testamentary Original Suit praying that this Hon'ble Court may be allowed to prove the Will in common form and that probate thereof to have effect limited to the State of Tamil Nadu may be granted to him. This Testamentary Original Suit coming on this day before this Court for hearing, the plaintiff and the defendant herein not appearing in person or by advocate and upon reading the plaint filed herein and this Court having observed that there is no representation on both sides and,
It is ordered as follows :- That the suit in T.O.S.No.25 of 2007 be and is hereby dismissed for non-prosecution.
2. That there shall be no order as to costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 17TH DAY OF MARCH 2022.
Sd./- JOINT REGISTRAR (O.S.) //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.
DL 07.04.2022
ORDER
DATED : 17.03.2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL: 07.04.2022 APPROVED ON : 08.04.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2022
CORAM:
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN V.Dhanasekaran ...Plaintiff Vs.
V.Vasudevan ...Defendant Prayer: Petition filed under Sections 222 and 276 of the Indian Succession Act XXXIX of 1925 for the grant of Probate and Subject to proof. Against this petition a Caveat filed on 19.07.07 by the Caveator above named. The supporting affidavit was filed on 19.07.07. As per order of this Court dated 23.7.07 Original Petition has been converted into T.O.S.No.25 of 2007. For Plaintiff : No appearance For Defendant : No appearance
J U D G M E N T
When the matter was taken up for hearing on 04.03.2022, there was no representation on the side of the plaintiff. 2.Learned counsel for the defendant reported "no instructions" for the defendant and the Registry was directed to list the matter on 09.03.2022 by printing the name of the defendant in the cause list.
3.When the matter was taken up for hearing on 09.03.2022, there was no representation on the side of the plaintiff. 4.Though the matter is listed under the caption "For Dismissal" today, there is no representation on both sides.
5.In view of the above, this suit is dismissed for non-prosecution. There shall be no order as to costs.
Sd./-V.B.S.J.
17.03.2022 //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.