A.Kumaraswamy Naicker (Decd) v. Radha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 18TH DAY OF APRIL 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN TOS.No.27 of 2005 (O.P.No.53 of 2004) In the matter of the Indian Succession Act XXXIX of 1925;
and In the matter of the last Will and Testament of A.Kumaraswamy Naicker - Deceased 1.B.Hariharan 2.B.Senthilkumar 3.B.Saraswathi All are residing at Old No.17, New No.20, Pushpa Nagar Ist Street, Nungambakkam, Chennai- 600 034 ..Petitioners/Plaintiffs vs Radha No.35, West Mada Street, Nungambakkam, Chennai- 600 034 ..Caveator/Defendant Testamentary Original Suit praying that this Hon'ble Court be pleased to pass an order that Letters of Administration with will annexed may be granted to the petitioners as the beneficiaries under the Will of the said
deceased having effect throughout the State of Tamilnadu Limited to the property mentioned in the affidavit of assets. This Testamentary Original Suit coming on this day before this Court for hearing in the presence of Mr.P.S.Vasanthakumar, Advocate for the defendant herein and the plaintiffs herein not appearing in person or by advocate and upon reading the petition filed herein and It is ordered as follows :- That the suit in TOS.No.27 of 2005 be and is hereby dismissed for non-prosecution.
2. 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 18TH DAY OF APRIL 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.
DL 28.04.2022 T.O.S.No.27 of 2005 (O.P.No.53 of 2004)
ORDER
DATED : 18.04.2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN FOR APPROVAL: 09.05.2022 APPROVED ON : 16.05.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN TOS.No.27 of 2005
1. B. Hariharan
2. B. Senthilkumar
3. B. Saraswathi ... Plaintiffs
Versus
1. Radha
2. Sundaramoorthy ... Defendants Prayer: TOS numbered on conversion of O.P.No. 53 of 2004, filed under Sections 232, 255 and 276 of Indian Succession Act, read with Order XXV Rule 5 of O.S.Rules, praying that the Letters of Administration with Will annexed may be granted to them as the beneficiaries under the WILL of the said deceased having effect throughout the State of Tamil Nadu Limited to the property mentioned in the affidavit of assets. For Plaintiffs : No Appearance For Defendants : Mr.P.S.Vasanthakumar *****
JUDGMENT
When the case was taken up for hearing on 12.04.2022, there was no representation for the plaintiffs. Hence, the matter was directed to be posted today i.e, on 18.04.2022, under the caption "for dismissal". Even today, there is no representation for the plaintiff either in person or through his learned counsel. Therefore, this TOS is dismissed for non-prosecution. No costs.
Sd./-V.B.S.J.
18.04.2022 //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.