S.Kothandapani (Decd) v. K.Krishnamoorthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN (O.P No.610 of 2005) K.Vijaya Mother and Testamentary guardian of Minor Manimozhi @ Deepa ... Plaintiff Vs.

1.Krishnamoorthy 2.Ramamurthy 3.Rani 4.Balaji 5.Sujatha 6.Chander 7.Thangapappa 8.Samundeswari 9.Ammulakshmi 10.Minor Surender 11.Minor Gayathri (Minors represented by mother and guardian Ammulakshmi, the 9th defendant) 12.Banu 13.Sangeetha 14.Prithika 15.Minor Krishna Raj (Minor represented by father and guardian Jagadish, the 16th defendant) 16.Jagadish 17.Muthu ... Defendants 1/3

Prayer: Original Petition has been filed under Order XXV Rule 5 of O.S Rules read with Sections 232, 246 and 276 of the Indian Succession Act, XXXIX of 1925 for the grant of Letters of Administration in respect of the last Will and Testament of the deceased S.Kothandapani. Against this petition, a Caveat and supporting affidavit was filed by the Caveators. As per order of this Court dated 04.04.2006, the Original Petition was converted into Testamentary Original Suit No.13 of 2006. For Plaintiff : No Appearance For Defendants : No Appearance for D1, D4 to D17 Suit against the 2nd defendant was dismissed as abated on 10.11.2022

J U D G M E N T

When the matter was taken up for hearing on 14.08.2023 , there was no representation on behalf of the plaintiff and hence, the matter was posted under the caption "for dismissal" on 16.08.2023. Even today, (16.08.2023) 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. 16.08.2023 Index:Yes/No Speaking/Non-speaking Order uma A.A.NAKKIRAN,J.

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