K.Vijaya vs Krishnamoorthy
2023 Latest Caselaw 10519 Mad

                                                                              T.O.S No.13 of 2006

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 16.08.2023

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

                                              T.O.S No.13 of 2006
                                              (O.P No.610 of 2005)
                    K.Vijaya
                    Mother and Testamentary guardian
                    of Minor Manimozhi @ Deepa                         ... Plaintiff

                                                       Vs.
                    1.Krishnamoorthy
                    2.Ramamurthy
                    3.Rani
                    4.Balaji
                    5.Sujatha
                    6.Chander
                    7.Thangapappa
                    8.Samundeswari
                    9.Ammulakshmi
                    10.Minor Surender
                    11.Minor Gayathri
                    (Minors represented by mother
                    and guardian Ammulakshmi,
                    the 9th defendant)
                    12.Banu
                    13.Sangeetha
                    14.Prithika
                    15.Minor Krishna Raj
                    (Minor represented by father
                    and guardian Jagadish,
                    the 16th defendant)
                    16.Jagadish
                    17.Muthu                                         ... Defendants

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https://www.mhc.tn.gov.in/judis
                                                                                 T.O.S No.13 of 2006


                    Prayer: Original Petition has been filed under Order XXV Rule 5 of O.S
                    Rules read with Sections 232, 246 and 276 of the Indian Succession Act,
                    XXXIX of 1925 for the grant of Letters of Administration in respect of the
                    last Will and Testament of the deceased S.Kothandapani. Against this
                    petition, a Caveat and supporting affidavit was filed by the Caveators. As
                    per order of this Court dated 04.04.2006, the Original Petition was
                    converted into Testamentary Original Suit No.13 of 2006.
                                    For Plaintiff    : No Appearance
                                    For Defendants   : No Appearance for D1, D4 to D17

                                                      Suit against the 2nd defendant was
                                                      dismissed as abated on 10.11.2022

                                                    JUDGMENT

When the matter was taken up for hearing on 14.08.2023 , there

was no representation on behalf of the plaintiff and hence, the matter was

posted under the caption "for dismissal" on 16.08.2023. Even today,

(16.08.2023) there is no representation on behalf of the plaintiff either in

person or through the counsel on record. Hence, this Testamentary

Original Suit is dismissed for non-prosecution. No costs.

16.08.2023 Index:Yes/No Speaking/Non-speaking Order uma A.A.NAKKIRAN,J.

https://www.mhc.tn.gov.in/judis T.O.S No.13 of 2006

uma

T.O.S No.13 of 2006

16.08.2023

https://www.mhc.tn.gov.in/judis