Rathinamary @ Rathinamary Sowridoss v. Anbuselvi And 3 Others

A.No.4783 of 2022 and A.No.5560 of 2023 in O.P.No.734 of 2019 N.SATHISH KUMAR.J., Application in A.No.4783 of 2022 has been filed by the petitioner in O.P.No.734 of 2019 seeking a direction to the respondents 2 & 4 to cooperate with the petitioner for devolving the property as per the order of probate dated 01.09.2021 made in O.P.No.734 of 2019. Pending the above application, the respondents 1 and 3 have come forward with the other application in A.No.5560 of 2023 seeking a direction to the respondents 2 and 4 to cooperate with the petitioner to devolve the property by partition as per the order of probate granted by this court dated 01.09.2021 in O.P.No.734 of 2019.

2. When the matter was called there was no representation for the applicant in A.No.4783 of 2022 and the applicant in A.No.5560 of 2023. The learned counsel appearing for the 2nd respondent in both the applications has brought to the notice of this court that the applicant in A.No.4783 of 2022 had passed away on 18.01.2023. He has also produced a web copy of the death certificate in support of his submission. No steps have been taken by the learned counsel for

the applicant in A.No.4783 of 2022.

In the light of the above, A.No.4783 of 2022 is dismissed as abated and A.No.5560 of 2023 is dismissed for non prosecution. 20..10..2023 kmk

N.SATHISH KUMAR.J., kmk A.No.4783 of 2022 and A.No.5560 of 2023 in O.P.No.734 of 2019 20..10..2023