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Madras High CourtA/2476/2022allowed

Loganathan Suresh Babu And Another v. Nil

2022-07-04Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 04TH DAY OF JULY 2022 THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY A.No.2476 of 2022 in O.P.No.625 of 2019 In the matter of the Indian Succession Act, XXXIX of and In the matter of Estate of Mrs.Babu Kannamma (deceased) Intestate

1. Mr.LOGANATHAN SURESH BABU S/o.Late Mr.M.Loganathan

2. Ms.MATHURA BABU D/o. Mr.Loganathan Suresh Babu both residing at No.4, Lyrebird Crescent, The Ponds, NSW, Australia-2769 and represented by their Power of Attorney Agent, Sri.P.Jayakumar ..Applicant / Petitioners This application praying that this Hon'ble Court be pleased to extend the time for executing the bond and consequentially permit the Power of Attorney Agent of the Petitioners to execute the bond in favour of the Assistant Registrar, Original Side, High Court of Madras.

This application coming on this day before this court for hearing the court made the following order:

This Application has been filed by the Applicants to extend the time for executing the bond and consequently permit the Power of Attorney Agent of the Petitioners to execute the bond in favour of the Assistant Registrar, Original Side, High Court of Madras.

2. The learned counsel appearing for the Applicants submitted that since the Applicants are residing in abroad, they have nominated the Power of Attorney to represent on their behalf. He further submitted that this Court on 30.01.2020 has granted letters of administration to the Applicants with the condition to execute a bond for a sum of Rs.25,000/- in favour of the Assistant Registrar (Original Side) and thereafter to file a true inventory and a full and true account of the property and credits of the deceased within a period of 6 months and 1 year respectively from the date of the order. since the Power of Attorney left India in the year 2020, he was unable to comply with the orders of this Court and due to outbreak of COVID 19 pandemic, he was unable to immediately come back to India to comply with the order of this Court and hence filed this Application.

3. Considering the reasons stated in the affidavit filed in support of

this petition and also considering the submissions made by the learned counsel for the Applicants, this petition is allowed and the time to execute the bond as ordered by this Court is extended till 29.07.2022. Sd/.K.R.J.

04.07.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU/11.07.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.