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Madras High CourtTOS/24/2011dismissed for nonprosecution

Will Of G.Saroja v. Raghu Ganapathy

2019-08-14Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Ravi Krishnan ... Plaintiff Vs.

Raghu Ganapathy Rep. by his Power Agent Sivakumar ... Defendant PRAYER: Petition filed under Section 232 and 276 of the Indian Succession Act (XXXIX of 1925) and Order XXV Rule 5 of Original Side Rules for grant of Letters of Administration with the certified copy of the Will annexed. Against the petition a caveat was filed by the caveator, as per order of this Court dated 18.10.2010, the Original Petition No.805 of 2007 was converted into Testamentary Original Suit No.24 of 2011. For Plaintiff : Mr.P.K.Sivasubramaniam - No appearance For Defendant : Mr.V.R.Ramesh - No appearance

J U D G M E N T

Since there was no representation for the petitioner before the learned Additional Master for over three hearings, the matter was posted before the court on 08.08.2019. Since none appeared for the petitioner on 08.08.2019, the matter was adjourned to today to be posted under the caption "for dismissal". Even today, none appears for the petitioner.

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2. Hence, this Testamentary Original Suit is dismissed for nonprosecution. No costs. 14.08.2019 Index : Yes/No Internet : Yes/No Speaking Order/ Non-speaking order Witnesses examined on the side of the Plaintiff:- PW1 - Mr.Ravikrishnan PW2 - Mr.R.S.Ganesan Exhibits marked on the side of the Plaintiff:- Sl.

No.

Exhibits Description Dated Ex.P1 Certified copy of the Will 26.12.2001 Ex.P2 Online print out of the death certificate of G.Saroja 20.11.2008 Ex.P3 Consent affidavits of defendants 2 to 5 14.07.2007 Ex.P4 Affidavit of R.S.Ganesan 17.07.2007 Ex.P5 Paper publication published in News Today 13.08.2008 14.08.2019 2/4

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