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Madras High CourtTOS/7/2010dismissed for nonprosecution

Will Of Andalammal v. M.Sivalingam(Decd)

2023-08-07Honourable Mr Justice A.A.Nakkiran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN (O.P No.660 of 2005) S.Mahendran ... Plaintiff vs.

P.Ponnusamy ... Defendant Prayer: Original Petition has been filed under Sections 222 and 276 of the Indian Succession Act XXXIX of 1925 r/w Order XXV, Rule 5 of O.S Rules, for the grant of Probate in respect of the last Will and Testament of the deceased Andalammal. As per order of this Court dated 17.06.2008, in Application No.2648 of 2007, Probate granted on 30.11.2005, in O.P No.660 of 2005 was revoked and the Original Petition was converted into Testamentary Original Suit No.7 of 2010.

For Plaintiff : No Appearance For Defendant : Mr.V.Subramani 1/3

J U D G M E N T

When the matter was taken up for hearing on 04.08.2023 , there was no representation on behalf of the plaintiff and hence, the matter was posted under the caption "for dismissal" on 07.08.2023. Even today, (07.08.2023) there is no representation on behalf of the plaintiff either in person or through the counsel on record. Hence, this Testamentary Original Suit is dismissed for non-prosecution. No costs. 07.08.2023 Index:Yes/No (1/2) Sepaking/Non-speaking Order uma 2/3

A.A.NAKKIRAN,J.

uma (1/2) 07.08.2023 3/3