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Madras High CourtA/2263/2022allowed

S. Vijayalakshmi v. A.B.Pattabiram And 3 Others

2022-06-22Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) WEDNESDAY, THE 22ND DAY OF JUNE 2022 THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY A.Nos.2263 and 2264 of 2022 in O.P.No.869 of 2007 In the matter of Indian Succession Act, 1925 and In the matter of the Last Will and Testament of Gowriammal (Deceased) S.Vijayalakshmi, W/o.M.K.Santharam, residing at No.107/2, Natesa Nagar, I Main Road, I Cross Road, Virugambakkam, Chennai-92 ..Petitioner -Vs1. Mr.A.B.Pattabiram, S/o.Late A.V.Bahiram and Gowriammal, residing at 7, Parthasarthy Koil Street, Triplicane, Chennai-5.

2. Mr.A.Kalyanaram, S/o.Dr.Late A.V.Jaggaram Reddy, residing at 10, Swaminaicken Street, Chindatripet, Chennai-2

3. Mr.A.B.Raghuram, S/o.Late A.V.Bahiram and Gowriammal, residing at No.17, Brahim Street,(V.O.Swaminathan Street), Alandur, Chennai-16.

4. Mrs.Vasantha, D/o.Late A.V.Bahiram and Gowriammal and W/o.Sarangapani, residing at No.8791, SW 85th Terrace Miami, F1 33173 USA.

..Respondents A.Nos.2263 and 2264 of 2022:

S.Vijayalakshmi, W/o.M.K.Santharam, No.107/2, Natesa Nagar, I Main Road, I Cross Road, Virugambakkam, Chennai-600 092 ..Applicant in both applications -Vs1. Mr.A.B.Pattabiram, S/o.Late A.V.Bahiram, at 7, Parthasarthy Koil Street, Triplicane, Chennai-600 005

2. Mr.A.Kalyanaram, S/o.Dr.Late A.V.Jagaram Reddy, 10, Swaminaathan Street, Chindatripet, Chennai-600 002

3. Mr.A.B.Raghuram, S/o.Late A.V.Bahiram and Gowriammal, No.17, Brahim Street, (V.O.Swaminathan Street), Alandur, Chennai-600 016.

4. Mrs.Vasantha, D/o.Late A.V.Bahiram and Gowriammal, No.8791, 85th Terrace Miami, F1 - 33173 -- USA.

..Respondents in both applications

A.Nos.2263/2022:

This application praying that this Hon'ble court be pleased to permit the petitioner along to execute the bond as per the order of this Hon'ble court dated 01/12/2021 made in O.P.No.869 of 2007. A.No.2264/2022:

This application praying that this Hon'ble court be pleased to extend the time for executing the bond as per the order dated 01/12/2021. These applications are coming on this day before this court for hearing the court made the following order:

These Applications have been filed to permit the petitioner alone to execute the bond as per the order of this Hon'ble Court dated 01.12.2021 made in O.P.No.869 of 2007 and to extend the time for executing the bond as per the order dated 01.12.2021.

2.This Court Vide order dated 01.12.2021 directed the petitioner and the fourth respondent to execute the security bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) in favour of the Assistant Registrar (OS-II), High Court of Madras. The grievance of the petitioner is that the

fourth respondent is out of India and that she was set ex-parte even in the main OP. Therefore, he seeks the permission of the Court to execute the security bond for a sum of Rs.25,000/-.

3.This Court is satisfied with the reasons stated in the affidavit filed in support of these Applications and accordingly these Applications are allowed.

4.The petitioner is permitted to execute the security bond as per the order of this Court dated 01.12.2021 made in O.P.No.869 of 2007, on or before 18.07.2022.

Sd/.K.R.J.

22.06.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. su.27/06/2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.