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Madras High CourtTOS/86/2013dismissed for default

Will Of P.Annamalai v. A.Rajeswari

2023-06-16Honourable Ms Justice R.N.Manjula3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2023

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA A.Leelavathi ... Plaintiff Vs.

1. A.Rajeswari

2. A.Ranganathan ... Defendants Testamentary Original Suit is filed under Sections 232 and 276 of the Indian Succession Act, XXXIX of 1925, for the grant of Letters of Administration.

For Plaintiff : Mr.R.Chandrasekar for P.V.S.Giridhar & Sai Associates For Defendants : Mr.K.Selladurai for D1 Mr.S.Sidharthan for D2

JUDGMENT

The learned counsel for the plaintiff submitted that despite several letters have been sent to the plaintiff, there is no response and he has not given any further instructions. He has also filed a memo to that effect. 1/3

2. The learned counsel for the defendants submitted that a connected suit filed by the parties have already been settled through mediation and nothing survives in this matter.

3. However neither the plaintiff nor the plaintiff's counsel made any comments on the submission made by the learned counsel for the defendants.

4. Recording the submission made by the learned counsel for the plaintiff reporting "no instruction" and the memo filed by him and after the plaintiff was called absent, the Testamentary Original Suit is dismissed for default. No costs.

16.06.2023 Index : Yes/No Speaking Order : Yes / No bkn 2/3

R.N.MANJULA, J., bkn 16.06.2023 3/3