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Madras High CourtA/4321/2017disposed of

V.Shanmugam Alias Govindaraj v. Mrs.R.Latha

2022-06-08Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) WEDNESDAY, THE 08TH DAY OF JUNE 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN A.No.4321 of 2017 in T.O.S.No.37 of 2010 In the matter of the Indian Succession Act XXXIX of 1925 and In the matter of Last Will and Testament of S.V.Venkatesa Pandithar - Deceased

1. V.Shanmugam @ Govindaraj,

2. Karthikeyan *

3. Kailash * * Petitioners 2 and 3 declared as major and the 1st petitioner is discharged from guardianship, and amended as per order dated 4/3/2022 in A.Nos.4322 of 2017 and A.No.4323/2017 All residing at Old No.1/1A, New No.5, Nortan Street, Mandavaliipakkam, Chennai-600 028.

..Petitioner/plaintiffs -Vs1. R.Lalitha, Wo.Late M.Ramdoss

residing at No.19, Sathiyapriya Nagar, Otteri, Urabakkam, Chennai-600 061

2. J.Vijaya, W/o.K.Janarthanam, residing at No.16, Chamier's Salai, Nandanam, Chennai-600 035.

3. C.Kanchana, W/o.G.Chandrakanth, residing at No.1/283, Subramania Nagar, 1st Street, Near New Fisherman Net Company, Jalladianpettai, Chennai-601 302.

..Caveators/Defendants A.No.4321 of 2017:

1. V.Shanmugam @ Govindaraj,

2. Master Karthikeyan (Minor)-12

3. Master Kailash (Minor)-06 Minors rep.by their father and natural Guardian V.Shanmugam alias Govindaraj, The 1st Petitioner herein ..Applicants/Plaintiffs -Vs1. Mrs.R.Lalitha, Wo.Late M.Ramdoss residing at No.19, Sathiyapriya Nagar, Otteri, Urabakkam, Chennai-600 061

2. Mrs. J.Vijaya, W/o.K.Janarthanam,

residing at No.16, Chamier's Salai, Nandanam, Chennai-600 035.

3. Mrs.C.Kanchana, W/o.G.Chandrakanth, residing at No.1/283, Subramania Nagar, 1st Street, Near New Fisherman Net Company, Jalladianpettai, Chennai-601 302.

..Respondents/Defendants This application praying that this Hon'ble court be pleased to extend the time limit for execution of bond in T.O.S.No.37/2010 against O.P.No.918/2005.

This application coming on this day before this court for hearing the court made the following order:

Heard the learned counsel for the plaintiffs as well as defendants.

2. The present application has been filed by the applicants / plaintiffs to extend the time limit for execution of bond in T.O.S.No.37 of 2010 against O.P.No.918 of 2005 and this Court by order dated 04.03.2022 granted time to execute the bond.

3. Accordingly, bond has been executed on 31.03.2022. Since there was no representation on either side on 05.04.2022, the case was adjourned to 22.04.2022. Subsequently on 22.04.2022 also, there was no

representation for the plaintiff, hence this Court directed the Registry to post the matter on 28.04.2022 under the caption ' for dismissal.'

4. Today, viz., on 28.04.2022, when the suit is taken up for hearing, it is reported by the learned counsel for the plaintiffs as well as defendants that the bond has been executed and the order passed by this Court in A.No.4321 of 2017 has been complied with. In view of the same, Registry is directed to issue Letters of Administration as per the Judgment made in T.O.S.No.37 of 2010 on 16.02.2017.

Sd/.V.B.S.J.

08.06.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU./15.06.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.