T.Thirunavukkarasu v. Nil

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 28.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR T.Thirunavukkarasu ... Appellant

Versus

Nil ... Respondent Prayer: Appeal filed under Section 96 of Code of Civil Procedure read with Section 299 of Indian Succession Act, 1925, to set aside the decree and judgment dated 21.02.2024 in Letters of Administration Original Petition No.75 of 2022 on the file of Principal District Judge, Chengalpattu. For Appellant : Mr.G.S.Shivekumar

JUDGMENT

This appeal has been filed seeking to set aside the decree and judgment dated 21.02.2024 in Letters of Administration Original Petition No.75 of 2022 on the file of Principal District Judge, Chengalpattu.

2. When the appeal was taken up, the learned counsel for the appellant seeks Page 1 / 4

permission of this Court to withdraw this appeal with a liberty to file fresh application before the Original Side of this Court, since, the will has been executed in Chennai. He also made an endorsement in the case bundle to that effect.

3. Such view of the matter, the appeal stands dismissed as withdrawn with a liberty to the appellant for filing fresh application before the Original Side of this Court by making all the legal heirs as parties to the application. The appellant may file the application with the certified copy of the will and thereafter, an application be filed before the Original Side of this Court to summon the original will from the learned Principal District Judge, Chengalpattu in Letters of Administration Original Petition No.75 of 2022. There shall be no order as to costs. 28.03.2025 Index : Yes / No Speaking/non speaking order dhk Page 2 / 4

To,

1. The Principal District Judge, Principal District Court Chengalpattu 2.The Section Officer VR Section, Madras High Court N. SATHISH KUMAR, J.

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