Mrs.K.Punithavathy v. Mrs.K.Kantha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA O.P.No.973 of 2018 Mrs.K.Punithavathy ... Petitioner Vs.

Mrs.K.Kantha ... Respondent Prayer:- This Petition is filed under Sections 232 and 276 of the Indian Succession Act r/w. 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 petitioner as daughter / legatee and beneficiary under the Will of the deceased having effect throughout the State of Tamil Nadu. For Petitioner : Mr.G.Poonkundran

ORDER

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

2. The matter is listed before this Court in view of the following endorsement made by the learned Master on 11.09.2023: "No representation.

Previous hearing also there was no representation. This Court cannot adjourn the matter mechanically without any reason.

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

3. When the matter is taken up today, the learned counsel for the petitioner submitted that the petitioner died two years back and the legal heirs of the petitioner also did not meet the learned counsel for getting impleaded themselves as the legal heirs of the deceased petitioner. The learned counsel for the petitioner further submitted that the letters sent by the learned counsel to the petitioner's address also did not evoke any response from the petitioner's legal heirs.

4. In view of the above submission of the learned counsel for the

petitioner, there is no point in keeping this Petition pending. Hence, this Original Petition is dismissed as abated. No costs. 15.09.2023 Internet:Yes Index:Yes/No gsk

R.N.MANJULA, J.

gsk O.P.No.973 of 2018 15.09.2023