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Madras High CourtOP/281/2011dismissed for nonprosecution

Will Of M.Venu v. Ramu

2021-11-23Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 23RD DAY OF NOVEMBER 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE O.P. No.281 of 2011 O.P.NO.281 OF 2011:- In the matter of Indian Succession Act, 1925 And In the matter of Last Will and Testament of Late M.VENU deceased Moorthy, S/o.Natarajan, No.7L Murugesamudali Lane, Chetpet, Chennai - 600 031.

...Petitioner

Versus

1. Ramu, S/o.Late Masilamani,

2. Mala, W/o. Late Natarajan,

3. Rathinam, S/o.Late Natarajan All are Residing At:

No.7L Murugesamudali Lane, Chetpet, Chennai - 600 031.

...Respondents

Original Petition praying that this Hon'ble Court be pleased to that letters of Administration with the Will annexed may be granted to him as the nephew/ the legatee of the said deceased having effect limited to the state of Tamil Nadu. This Original Petition coming on this day before this court for hearing and the petitioner herein, not appearing in person or by advocate and upon reading the petition filed herein and this court having observed that there is no representation on the side of the petitioner, no useful purpose will be served for keeping this petition pending as this O.P. is of the year 2011, therefore, it can now be inferred that the petitioner is not interested in prosecuting the Original Petition, it is ordered as follows:- That the O.P.No.281 of 2011, be and is hereby dismissed for non-prosecution.

2. That there shall be no costs.

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 23RD DAY OF NOVEMBER 2021.

Sd./- ASSISTANT REGISTRAR (O.S.II) //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.

VSP 02/12/2021 O.P. No.281 of 2011

ORDER

DATED :23/11/2021 THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE FOR APPROVAL:21/01/2022 APPROVED ON:21/01/2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23.11.2021 Coram:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Original Petition No.281 of 2011 Moorthy

...Petitioner

-vs1. Ramu

2. Mala

3. Rathinam

...Respondents

Original Petition filed under Sections 232 and 276 of the Indian Succession Act, 1925 and under Order XXV Rule 5 of O.S.Rules, praying that the Letters of Administration with Will annexed may be granted to the petitioner as the nephew / the legatee of the said deceased having effect limited to the State of Tamil Nadu. For petitioner : Mr.M.Vijayanand-No appearance

ORDER

The matter is listed under the caption "for dismissal", today. Even on the last occasion i.e. on 17.11.2021, there was no representation on the side of the petitioner. Today, there is no representation on the side of the petitioner. No useful purpose will be

served for keeping this petition pending, as this O.P is of the year 2011. Therefore, it can now be inferred that the petitioner is not interested in prosecuting the Original Petition. Accordingly, the Original Petition is dismissed for non prosecution. No costs.

Sd./-A.Q.J 23.11.2021 //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.