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Madras High CourtOP/112/2013dismissed for default

Will Of S.Saraswathy v. S.Anbalagan

2021-03-26Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Original Petition No.112 of 2013 1.N.Uma Maheswari 2.M.S.Shanmugam 3.S.Venmathi (deceased) ...

Petitioners [3rd petitioner died, 2nd petitioner recognised as legal heir of the deceased 3rd petitioner, as per order dated 20.11.2020 made in A.No.2300, 2301 and 2302 of 2020] versus S.Anbalagan ...

Respondent [Respondent brought on record as party, as per order dated 20.11.2020 made in A.No.2300, 2301 and 2302 of 2020] Prayer: Petition filed under Sections 222 and 276 of the Indian Succession Act read with Order XXV Rule 4 of the Original Side Rules, seeking for the relief to allow to prove the Will in common form and that Probate thereof to have effect to the State of Tamil Nadu may be granted to the petitioner. For Petitioners : No Appearance For Respondent : No Appearance 1/3

O R D E R

Today, when this Original Petition is taken up for hearing, there was no representation on behalf of the petitioners.

2. On verification of documents, it appears that in the last hearing i.e. 19.03.2021, nobody represented the case on behalf of the petitioners. Moreover, even after showing the names of the petitioners in the cause list and also, the matter is listed under the caption "for dismissal", none have been appeared today on behalf of the petitioners.

3. Hence, for the reasons stated above, this Original Petition is dismissed for default. However, there is no order as to costs. 26.03.2021 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri 2/3

R.PONGIAPPAN, J.

sri Original Petition No.112 of 2013 26.03.2021 3/3