M/S.E.Alves v. Mary Iris Cotter
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMETARY AND INTESTATE JURISDICTION) FRIDAY, THE 04TH DAY OF MARCH 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN T.O.S.No.10 of 2005 In the matter of the Indian Succession Act XXXIX of 1925, and In the matter of Last Will and Testament of E.Alves - Deceased.
J.R.Thambidurai (deceased)
1. Mrs.Thambidurai
2. James Samuel Raj Both reisding at No.61 Ponnappa Mudali Street, Purasawalkam, Chennai 600 007.
...Petitioners/Plaintiffs
Vs.
Mary Iris Cotter Door No.88, Colebee Cresent Hassall Grove 2147 Sydney, NSW, Australia .. Caveator/Defendant Testamentary original suit praying that Letters of Administration with the Will annexed be granted to petitioners as the friend of the said deceased having effect through out the State of Tamil Nadu. This Testamentary Original Suit coming on this day before this
Court for hearing, in the presence of Mr.K.P.Gopalakrishnan, Advocate for the Defendant herein and the plaintiffs herein not appearing in person or by Advocate and upon reading the petition filed herein, It is ordered as follows:
That the Testamentary Original suit in T.O.S.No.10 of 2005 be and is hereby dismissed for non-prosecution.
2. That there shall be no orders as to costs. WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 04TH DAY OF MARCH 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.
KY 29.03.2022 T.O.S. No.10 of 2005
ORDER
DATED 04.03.2022 THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL: 13.04.2022 APPROVED ON : 18.04.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 04.03.2022 CORAM :
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN T.O.S.No. 10 of 2005 1.J.R.Thambidurai (Deceased) 2.Thambidurai 3.James Samuel Raj ..Plaintiffs
Versus
Mary Iris Cotter ..Defendant Prayer: Original Petition converted as TOS praying for Letters of Administration under Sections 232 & 276 of the Indian Succession Act, XXXIX and read with Order XXV Rule 5 of the Original Side Rules, 1956, the letters of administration with the Will annexed may be granted to him as the friend of the said deceased having effect throughout the State of Tamil Nadu.
For Plaintiffs :
No Appearance For Defendant :
Mr.K.P. Gopalakrishnan ---- JUDGEMENT When the Testamentary Original Suit was taken up for hearing on 29.07.2004 and 27.10.2004, there was no representation for the plaintiffs.
Hence, the matter was directed to be posted today i.e, on 01.03.2022 under the caption "for dismissal". Even today, there is no representation for the plaintiffs either in person or through their learned counsel.
2. Therefore, this Testamentary Original Suit is dismissed for nonprosecution. No costs. Sd./-V.B.S.J 04.03.2022 //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.