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Madras High CourtOP/812/1998dismissed for nonprosecution

A.S.Rajkumar v. A.S.Ashok Kumar

2026-04-24Honourable Dr.Justice A.D.Maria Clete4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE

1. A.S.Rajkumar S/o.Late A.V.Somasundaram, No.16, Haddows Road, Madras - 600 006.

2. A.S.Arunkumar S/o.A.V.Somasundaram, No.14, 5th Cross Street, Major Truspuram, Kodambakkam, Madras - 600 024.

..Petitioner(s) Vs

1. A.S.Ashok Kumar S/o.Late A.V.Somasundaram, No.17, L.I.C. Colony, Tambaram East, Madras - 600 059.

2. A.S.Mohan Kumar S/o.Late A.V.Somasundaram, Flat No.2/75, Block 44, Jeevan Bhima Nagar, L.I.C. Colony, Anna Nagar West, Extension, Madurai - 600 101.

3. A.S.Neelayadakshi W/o.Manivannan, No.32, Madavaram High Road, SBI Colony, Perambur, Madras - 600 011.

4. A.S.Sivakumar S/o.A.V.Somasundaram, No.14, 5th Cross Street, 1st Floor, rear portion, Major Trustpuram, Kodambakkam, Madras-600 024.

..Respondent(s)

That Probate of the Will annexed to the properties and credits of the deceased to have effect limited to the State of Tamil Nadu. For Petitioner(s):

No appearance For Respondents Mr.Abdul Razack

ORDER

This Original Petition has been filed by the petitioners for grant of Probate of the Will annexed to the properties and credits of the deceased to have effect limited to the State of Tamil Nadu.

2. This original petition was dismissed for non-prosecution, vide order of this Court dated 23.03.2022. Subsequently, the petitioners filed an application in A.No.4012 of 2025 to set aside the said order and restore the original petition and the same was allowed by this Court, vide order dated 19.08.2025. The original petition was restored to file.

3. When the matter was listed for hearing on 21.04.2026, since there was no representation for the petitioners, this Court had directed the Registry to list the matter under the caption "for dismissal" today ie., on 24.04.2026.

4. Today, when the matter is taken up for hearing, there is no representation for the petitioners. This Original Petition is pending from the year 1998. Hence, the Original petition is dismissed for non-prosecution. No costs.

24-04-2026 Index: Yes/No Speaking/Non-speaking order MFA

DR.A.D.MARIA CLETE, J.

MFA 24-04-2026