Madras High CourtA/844/2020allowed

Mrs.P.Indrani v. Ms.Rubula Sathyamoorthy

2020-02-26Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.844 of 2020 in O.P.No. 164 of 2016 In the matter of the Indian Succession Act, XXXIX of and In the matter of the CC of the Last Will and Testament of AMPN Shanmugasundaram PillaiDeceased Mrs.P.Indrani, W/o.M.Pakkirisamy, AP 1184, Thendral Colony, 4th Street, I Block, Anna Nagar, Chennai-600 040.

..Applicant/Petitioner -vsMs.Rubula Sathyamoorthy, W/o.Mr.S.Sathyamoorthy, No.24, Bharathiyar Street, Karaikal, Pondicherry-609 602.

..Respondent/Respondent

Original Petition praying that this Hon'ble Court be pleased to condone the delay of 469 days in furnishing the personal bond. This Original Petition coming on this day before this court for hearing the court made the following order:

This application is filed to extend the time for execution of the bond pursuant to the order dated 13.07.2018 in O.P.No.164 of 2016.

2. I heard the learned counsel for the applicant/petitioner.

3. The learned counsel for the applicant submitted that O.P.No.164 of 2016 was allowed by order dated 13.07.2018, whereby the applicant was directed to provide a security bond for a sum of Rs.25,000/-. He further submitted that in view of the fact that the applicant was travelling outside Chennai on regular basis, she was unable to contact her counsel within the stipulated time so as to execute the bond. Eventually steps were taken in this regard only on 28.09.2018.

4. Upon considering the submissions of the learned counsel for the applicant and on examining the affidavit filed in support of the application, I find that the applicant has made out sufficient cause to extend the time for executing the bond.

5. Accordingly, this application is allowed by extending the time for execution of the bond, as per the order dated 13.07.2018 in O.P.No.164 of 2016, by a period of two weeks from the date of receipt of a copy of this order.

Sd/.S.K.R.J.

26.02.2020 //Certified to be a true copy// Dated this the day of 2020. SU/28.02.2020 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.