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Madras High CourtA/1995/2024allowed

R.Sundaresan (Died) 1.S.Thirumurugan And 3 Others v. Kamalam Alias Nagarathinam Ammal (Died) 1.R.Thirunavukarasu And Another

2024-07-31Honourable Mr Justice C.V. Karthikeyan3 pages

in O.P.No.273 of 2006 C.V.KARTHIKEYAN , J.

All these three applications have been filed in O.P.No.273 of 2006 which had been filed seeking letters of administration of a Will dated 19.08.1986 executed by S.Rathina Sabapathi who died on 10.07.1999. The Original Petition had actually been filed on 13.06.2000, which is still pending. During the pendency of this petition, the petitioner died. These 3 applications had been filed by his legal representatives seeking to condone the delay in filing a petition to set aside the abatement, to set aside the abatement and to bring them on record to represent the deceased petitioner. 2.

Learned counsel for the respondents is also present and he had stated that he has no objection.

3.

Further proceedings can be initiated towards proving the Will in the manner known to law only when these petitions are allowed. I understand that the delay is substantial, but still, the Will which had been executed should be proved in the manner known to law and therefore, I would allow 1/3

all these three applications. The learned counsel for the petitioner to carry out necessary amendment in the short cause-title and in the long cause-title of the Original Petition. Two weeks' time is granted for that purpose. 4.

List O.P.No.273 of 2006 before the learned Master for recording of evidence on 20.08.2024. After that, the matter may be listed before this Court.

31.07.2024 gsa 2/3

C.V.KARTHIKEYAN,J.

Gsa in O.P.No.273 of 2006 31.07.2024 3/3