C.Rajendran (Deceased) v. K.Santhamoorthy & 3 Others

T.O.S.No.8 of 2006

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2023 CORAM : JUSTICE N.SESHASAYEE T.O.S. No.8 of 2006 1.C.Rajendran (deceased) ... Petitioner / Plaintiff 2.R.Muthumanickam ... 2nd Plaintiff [Death of the sole plaintiff recorded and 2nd plaintiff impleaded as per order of this Court dated 29.11.2022 made in Application No.5303 of 2022 in TOS.No.8 of 2006] Vs.

1.K.Santhamoorthy 2.Thenmozhi 3.K.Baskaran 4.K.Ravikumar ... Caveators / Defendants Prayer : Petition filed under Section 222 & 276 of the Indian Succession Act, 1925 read with Order XXV Rule 4 of the Original Side Rules, praying that he 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 the petitioner .

For Plaintiff : Mr.R.Natarajan for P2 P1 - Died For Defendants : Mr.Balan Haridas [D1,D3 & D4] Mr.P.Sesubalan Raja [D2] https://www.mhc.tn.gov.in/judis 1/2

T.O.S.No.8 of 2006 N.SESHASAYEE.J., ds

JUDGMENT

The counsel for the plaintiff and also the counsel for the defendants 1,3 and 4 made a joint statement that they do not have instructions from their respective clients. The counsels have also filed their memo to that effect.

2. Recording the submissions of the learned counsel, this testamentary suit is dismissed as default. No costs.

05.01.2023 ds Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order T.O.S.No.8 of 2006 https://www.mhc.tn.gov.in/judis 2/2