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Madras High CourtA/890/2020allowed

D.Pandian And Another v. No Respondent

2020-02-27Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 27TH DAY OF FEBRUARY 2020 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A. No.890 of 2020 in O.P.No.585 of 2018 In the matter of the Indian Succesion Act, XXXIX of 1925 and In the matter of the of the Last will and Testament of deceased Mrs.S.Kanagammal.

1. D.PANDIAN S/o.M.Dayalan, residing at No.23, 'O' Block, Bagath Singh Street, MMDA Colony, Arumbakkam, Chennai- 600 106

2. D.JAYAKUMAR S/o.M.Dayalan, residing at No.23, 'O' Block, Bagath Singh Street, MMDA Colony, Arumbakkam, Chennai- 600 106 ..Applicants/Petitioners

This application praying that this Hon'ble Court be pleased to grant extension of time for execution of the bond in the above O.P.No.585 of 2018 in which order has been passed on 22/01/2019. This application coming on this day before this court for hearing the court made the following order:- This application is filed for an extension of time for execution of the bond pursuant to the order dated 22.01.2019 in O.P.No.585 of 2018.

2. I heard the learned counsel for the applicants.

3. The learned counsel for the applicants submitted that O.P.No.585 of 2018 was allowed by order dated 22.01.2019 and that the security bond was required to be executed in terms of the said order. Thereafter, the application No.194 of 2020 was filed for an extension of time to execute the bond and the said application was allowed. However, the bond could not be executed in time because of miscommunication between the lawyers handling the case.

4. Upon consideration of the submissions of the learned counsel and on examining the affidavit in support of this application, I find that the applicants have made out sufficient cause to extend the time for execution

of the bond. Accordingly, this application is allowed and the time for execution of the bond as per the order dated 22.01.2019 in O.P.No.585 of 2018 is extended by a period of two weeks from the date of receipt of a copy of this order.

Sd/.S.K.R.J.

27.02.2020 //Certified to be a true copy// Dated this the day of 2020. SU/02.03.2020 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.