Will Of V.S.Kesavan v. Shanthakumari & Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN K.S.Sekhar ... Plaintiff Vs.

1.Anusuya 2.Shanthakumari 3.Padmavathi 4.Kutty Krishnammal Charitable Trust Kodambakkam, Chennai - 600 024.

5.Udavum Karangal, Anna Nagar, Chennai - 600 040.

6.Sivananda Gurukula, G.S.T. Road, Kattankolathur, Kancheepuram District.

7.S.Kannan 8.Dwarakanath 9.Kamalammal 10.V.G.Kotteeswaran 1/5

11.Hemendra Babu 12.Dr.Sathish Kumar ... Defendants Prayer: Petition filed under Section 222 and 276 of Indian Succession Act for grant of Probate with the Will annexed under Order XXVI Rule 4 of Original Side Rules to prove the Will dated 19.03.1999 in common form and that Probate thereof to have effect limited to the State of Tamil Nadu. Against the petition a caveat was filed by the caveators, as per the order of this Court dated 12.10.2012 in O.P.No.389 of 2009, the Original Petition was converted into Testamentary Original Suit in T.O.S.No.59 of 2013. For Plaintiff : Mr.S.Sadasharam For defendants : Mr.S.J.Jagadev

J U D G M E N T

The petition was originally filed for grant of Probate which has been converted as suit in view of the caveat filed by the defendants 2 and 3 herein.

2. The learned counsel for the plaintiff seeks leave to withdraw the Testamentary Original Suit and he has made the following endorsement: "This TOS is not pressed. Hence may be dismissed as not pressed."

2/5

3. In view of the endorsement, this Testamentary Original Suit is dismissed as not pressed. No costs.

08.08.2019 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order List of the witnesses examined on the side of the plaintiff :

PW1 - Mr.K.S.Sekhar List of Exhibits marked on the side of the plaintiff: Sl.

No.

Exhibits Description Dated Ex.P1 Will executed by Late Mr.Kesavan 19.03.1999 Ex.P2 Death Certificate of Mr.Kesavan -- Ex.P3 Affidavit of assets belonged to Late Mr.Kesavan -- Ex.P4 Legal notice issued by defendants 1 to 3 04.10.1999 Ex.P5 Reply Notice 02.12.1999 Ex.P6 Affidavit of attesting witnesses along with petition.

24.06.1981 3/5

List of the witnesses examined on the side of the defendants : NIL List of Exhibits marked on the side of the defendants: NIL 08.08.2019 4/5

R.SUBRAMANIAN, J.

19.02.2019 5/5