V.Ramachandran vs D.Ponnammal
2023 Latest Caselaw 11275 Mad

                                                                                   T.O.S No.28 of 2004

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 25.08.2023

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

                                                     T.O.S No.28 of 2004
                                                     (O.P No.783 of 2001)


                    V.Ramachandran                                             ... Plaintiff

                                                             Vs.

                    D.Ponnammal                                              ... Defendant

                    Prayer: Original Petition has been filed under Sections 222 and 276 of the
                    Indian Succession Act, XXXIX of 1925 read with Order XXV Rule 4 of
                    the Original Side Rules for the grant of probate in respect of the last Will
                    and Testament of the deceased             Kalapathi Vaidhyanathan Rajagopal.
                    Against this petition, a Caveat and supporting affidavit was filed by the
                    Caveator.       As per order of this Court dated 03.09.2004, the Original
                    Petition was converted into Testamentary Original Suit No.28 of 2004.


                                     For Plaintiff      : No Appearance
                                     For Defendant      : No Appearance




                   1/2
https://www.mhc.tn.gov.in/judis
                                                                                 T.O.S No.28 of 2004



                                                                           A.A.NAKKIRAN,J.

                                                                                               uma



                                                  JUDGMENT

When the matter was taken up for hearing on 02.08.2023 , there

was no representation on behalf of the plaintiff and hence, this Court

directed the Registry to issue summons to the plaintiff and also print the

name of the plaintiff in the cause list and post the matter on 25.08.2023.

Even today, (25.08.2023) the plaintiff is not appeared before this Court

and the summons issued to the plaintiff was returned with an endorsement

"vacated". Hence, this Testamentary Original Suit is dismissed for non-

prosecution. No costs.

25.08.2023 Index:Yes/No Speaking/Non-speaking Order uma

T.O.S No.28 of 2004

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