S.Saroja Ammal (Decd) v. T.S.Arunachalam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY ORIGINAL JURISDICTION) WEDNESDAY, THE 22ND DAY OF JUNE 2022 THE HON'BLE MR. JUSTICE A.A. NAKKIRAN T.O.S.No. 24 of 2009 (O.P.No. 770 of 2006) and A.No. 1649 of 2022 T.O.S.No. 24 of 2009 :- In the matter of the Indian Succession Act XXXIX of 1925 and In the matter of Last Will and Testament of S.Saroja Ammal (Deceased) T.S.Jayagopi, 16, Maddox Street, Choolai, Chennai - 600 112.
... Petitioner/Plaintiff -Vs1. T.S. Arunachalam, No. 16, Maddox Street, Choolai, Chennai - 600 112.
2. S. Purushothaman, No.15, Maddox Street, ... Caveators/Defendants Choolai, Chennai - 600 112.
Testamentary Original Suit praying that this Hon'ble Court be pleased to grant Letters of Administration with the Will annexed, to the petitioner as one of the son and Legatee under the Will of the said deceased, having effect limited to the State of Tamilnadu.
A.No. 1649 of 2022 :- S. Lakshmipathy, S/o. Late. T. Srinivasa Chetty, No.15, Maddox Street, Choolai, Chennai - 600 112.
... Applicant / Proposed Respondent No.3 -Vs1.
T.S.Jayagopi, S/o. T. Srinivasa Chetty, No. 16, Maddox Street, Choolai, Chennai - 600 112.
... 1st Respondent / Petitioner
2. T.S. Arunachalam, S/o. T. Srinivasa Chetty, No. 16, Maddox Street, Choolai, Chennai - 600 112.
3. S. Purushothaman, S/o. T. Srinivasa Chetty, No.15, Maddox Street, Choolai, Chennai - 600 112.
... Respondents No. 2 & 3 / Respondents Nos. 1 & 2 Application praying that this Hon'ble Court be pleased to implead the Applicant / Proposed Respondent as 3rd respondent in the above T.O.S.No. 24 of 2009.
This Testamentary Original Suit along with this application coming on this day before this Court for hearing in the presence of Mrs.Vasudha Thiagarajan, Advocate for the 2nd Defendant in T.O.S.No. 24 of 2009 and for the 3rd Respondent in A.No. 1649 of 2022 and the Plaintiff in T.O.S.No.24 of 2009 and the Applicant in A.No. 1649 of 2022 not
appearing in person or by advocate, and upon reading the Plaint / Petition filed herein in T.O.S.No.24 of 2009 the Judges Summons and the Affidavit of S. Lakshmipathi filed in A.No. 1649 of 2022 and there being no representation for the petitioner, It is ordered as follows :- That that suit in T.O.S.No. 24 of 2009 be and is hereby dismissed.
2. That the connected application in A.No. 1649 of 2022 do stand closed.
3. That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 22ND DAY OF JUNE, 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.
ED 01.07.2022 T.O.S.No. 24 of 2009 (O.P.No. 770 of 2006) and A.No. 1649 of 2022
ORDER
DATED : 22.06.2022 THE HON'BLE MR. JUSTICE A.A. NAKKIRAN FOR APPROVAL : 04.07.2022 APPROVED ON : 04.07.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2022
CORAM
THE HONOURABLE Mr. JUSTICE A.A.NAKKIRAN T.O.S.No.24 of 2009 (O.P.No.770 of 2006) and A.No.1649 of 2022 T.S.Jayagopi ... Petitioner/Plaintiff Vs.
1. T.S.Arunachalam 2.S.Purushothaman ....Respondents PRAYER: Petition filed under Sections 232, 255 and 276 of The Indian Succession Act, XXXIX of 1925 for the grant of Letters of Administration.
For Petitioner : No appearance For Respondents : Mrs.Vasudha Thiagarajan - - -
ORDER
When the matter came up for hearing on 17.06.2022, there was no representation for the petitioner and the respondents 1 and 2 in the suit. Hence, it was directed to be posted on 21.06.2022 under the caption, "for dismissal".
2. Today, the learned counsel for the respondents is present but, there is no representation for the petitioner.
3. In view of the above, this Suit is dismissed. Consequently, the connected miscellaneous petition is closed. No costs. Sd./- A.A.N.J., 22/06/2022 //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.