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Madras High CourtOP/429/2004dismissed for nonprosecution

D.Gengiah (Decd) v. G.Sarvaswaran

2022-01-03Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 03rd DAY OF JANUARY 2022 THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE In the matter of Indian Succession Act XXXIX of 1925.

And In the matter of the Last Will and Testament of D.Gengiah Naidu - Deceased.

G.Vanithamani ... Petitioner Vs 1.G.Sarveswaran (decd), Old No.77, New No.239, Mettu Street, 2.G.Dayanithy, Plot No.2-ICF Colony, Palavedu Road, Mutha Pudupet, Avadi, Chennai - 55.

3.G.Surya Prabha, W/o Balaji, Golkonda, No.24, III Floor, Anushakthi Nagar, Mumbai.

* 4.G.Saraswathy *5.S.Mohanraj

*6.Selvi Priyanka (minor aged 13 years), rep by her mother Tmt.G.Saraswathy, as next friend and natural guardian and all at Old No.77, New No.239, Mettu Street, ... Respondents * (Respondents 4 to 6 brought on record as LRs of deceased 1st respondent as per order dated 29/2/08 in appln no.7847/07) Original Petition praying that this Hon'ble Court be pleased to prove the Will in common form and that probate thereof, to have effect throughout state of Tamil Nadu may be granted to her.

This Original Petition coming on this day before this court for hearing, the petitioner herein not appearing in person or by advocate, and this court having observed that the petitioner is not interested in prosecuting this petition, it is ordered:

That the Original Petition in O.P.No.429 of 2004, be and is hereby dismissed for non-prosecution.

WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 03rd DAY OF JANUARY 2022. Sd/- ASSISTANT REGISTRAR(O.S.II) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

MU 22.03.2022 ORDER:- DATED: 03.01.2022 THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE FOR APPROVAL: 23.03.2022 APPROVED ON : 23.03.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 03rd DAY OF JANUARY 2022 THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE In the matter of Indian Succession Act XXXIX of 1925.

And In the matter of the Last Will and Testament of D.Gengiah Naidu - Deceased.

G.Vanithamani ... Petitioner Vs 1.G.Sarveswaran (decd), Old No.77, New No.239, Mettu Street, 2.G.Dayanithy, Plot No.2-ICF Colony, Palavedu Road, Mutha Pudupet, Avadi, Chennai - 55.

3.G.Surya Prabha, W/o Balaji, Golkonda, No.24, III Floor, Anushakthi Nagar, Mumbai.

* 4.G.Saraswathy *5.S.Mohanraj

*6.Selvi Priyanka (minor aged 13 years), rep by her mother Tmt.G.Saraswathy, as next friend and natural guardian and all at Old No.77, New No.239, Mettu Street, ... Respondents * (Respondents 4 to 6 brought on record as LRs of deceased 1st respondent as per order dated 29/2/08 in appln no.7847/07) Original Petition praying that this Hon'ble Court be pleased to prove the Will in common form and that probate thereof, to have effect throughout state of Tamil Nadu may be granted to her.

This Original Petition coming on this day before this court for hearing the court made the following order:- The matter is listed under the caption "for dismissal" today. 2.There is no representation on the side of the petitioner. Even on the last hearing date i.e., on 22.12.2021, there was no representation on the side of the petitioner. It can now be inferred that the petitioner is not interested in prosecuting this petition. Accordingly, this Original Petition is dismissed for non prosecution.

Sd./-A.Q.J.

03.01.2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.