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Madras High CourtOP/534/2022dismissed for nonprosecution

G.Parimala And 6 Others v. No Respondent

2023-09-25Honourable Ms Justice R.N.Manjula3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA O.P.No.534 of 2022 1.G.Parimala 2.G.Prabhakaran 3.G.Venkatesan 4.G.Kokila 5.R.Krishnan 6.K.Karthick 7.K.Jaiganesh ... Petitioners Prayer:- This Petition is filed under Section 232 and 276 of the Indian Succession Act 1925 and under Order XXV, Rule 5 of the Original Side Rules, praying that the letters of Administration with the original Will annexed may be granted to the petitioners as the daughter, sons, granddaughter, son-in-law and grand sons / legatees under the Will of the deceased K.Gopal having effect throughout the State of Tamil Nadu. For Petitioners : No appearance

ORDER

This Original Petition has been filed under Sections 232 & 276 of the Indian Succession Act, 1925 r/s Order XXV, Rule-5 of Original Side Rules seeking for grant of Letters of Administration with the Will annexed of the properties and credits of deceased to the petitioners.

2. On 12.09.2023, the following order has been passed: "This matter is listed before this Court in view of the following endorsement made by the learned Master on 05.09.2023:

"No representation. Despite granting 5 adjournments from 03.01.2023, duty not paid and no representation for the petitioners continuously.

Hence for further orders, list before the Hon'ble Judge's Court."

2. Even when the matter is taken up today, there is no representation for the petitioners. Hence, the matter is ordered to be listed under the caption "for dismissal" on 20.09.2023."

3. When the matter was taken up on 20.09.2023, the matter was adjourned today for giving one final opportunity. However, even today when the matter is taken up, there is no representation for the petitioners.

4. Hence, this Original Petition is dismissed for non-prosecution. No costs.

25.09.2023 Internet:Yes Index:Yes/No

apd/gsk R.N.MANJULA, J.

apd/gsk O.P.No.534 of 2022 25.09.2023