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Madras High CourtTOS/15/2008dismissed for nonprosecution

L.Visalakshi Ammal (Deceased) v. L.Prabhakar.

2021-10-29Honourable Mr Justice R. Subramanian5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 29TH DAY OF OCTOBER 2021 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN T.O.S.No.15 of 2008 In the matter Indian Succession Act XXXIX of 1925, and In the matter of the Last Will and Testament of L.Visalakshi Ammal - (Deceased).

Hemavathy ...Petitioner/Plaintiff Vs.

L.Prabhakar ... Caveator/Defendant Testamentary Original Suit praying that this Hon'ble Court may be pleased that Letters of Administration with WILL Annexed to the petitioner as the beneficiaries under the will of the said deceased having effect limited to the State of Tamil Nadu.

This Testamentary Original Suit coming on this day before this court for hearing in the presence of Mr.N.Jayabalan, Advocate for the plaintiff herein and Mr.G.Karthikeyan, Advocate for the defendant herein and upon reading the petition filed herein and the learned counsel for the plaintiff having submitted that he has no instructions from the plaintiff, it is ordered as follows :-

That the suit in T.O.S.No.15 of 2008, be and is hereby dismissed for non-prosecution.

2) That there shall be no costs of this suit. WITNESS THE HON'BLE MR.JUSTICE SANJIB BANERJEE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 29TH DAY OF OCTOBER 2021.

Sd./- JOINT REGISTRAR (O.S.) i/c //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

T.E.

T.O.S.No.15 of 2008 ORDER :- DATED :29.10.2021 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN FOR APPROVAL: 27.12.2021 APPROVED ON: 28.12.2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN T.O.S. No.15 of 2008 Hemavathy ... Petitioner/Plaintiff Vs.

L.Prabhakar ... Caveator/Defendant Prayer : Plaint filed under Sections 232, 255 and 276 of the Indian Succession Act XXXIX of 1925 for the grant of Letters of Administration. For Plaintiff : Mr.N.Jayabalan For Defendant : Mr.G.Karthikeyan

J U D G M E N T

Mr.Jayapalan, learned counsel appearing for the plaintiff would submit that he has no instructions from the plaintiff. Hence the Testamentary Original Suit is dismissed for non prosecution. No costs. Sd./-R.S.M.J List of the Witnesses examined on the side of the Plaintiff : Nil List of Exhibits marked on the side of the Plaintiff : Nil List of the Witnesses examined on the side of the Defendant: Nil

List of Exhibits marked on the side of the Defendant: Nil Sd./-R.S.M.J //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.