Uttamchand Sonigara vs Neeta @ Nirmala
2023 Latest Caselaw 9926 Mad

                                                                                 T.O.S No.14 of 2003

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 08.08.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

                                               T.O.S No.14 of 2003
                                                (O.P No.9 of 2003)


                    Uttamchand Sonigara                                         ... Plaintiff

                                                         vs.

                    1.Neeta @ Nirmala
                    2.Champalal Sonigara
                    3.Shantabai
                    4.Minor Lovely @ Poorvi
                    5.Minor Master Prince @
                      Master Pranay
                    (4 and 5 respondents are rep. by
                    the testamentary guardian
                    Mr.Champalal Sonigara,
                    the 2nd respondent herein)                             ... Defendants


                    Prayer: Original Petition has been filed under Sections 222 and 276 of the
                    Indian Succession Act XXXIX of 1925 r/w Order XXV, Rule 4 & 5 of O.S
                    Rules, for the grant of Letters of Administration in respect of the last Will
                    and Testament of the deceased Suresh Kumar C.Jain. Against this petition,
                    a Caveat and supporting affidavit was filed by the Caveators. As per order
                    of this Court, the Original Petition No.9 of 2003 was converted into
                    Testamentary Original Suit No.14 of 2003.

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https://www.mhc.tn.gov.in/judis
                                                                                 T.O.S No.14 of 2003

                                    For Plaintiff     : No Appearance
                                    For Defendants    : No Appearance


                                                     JUDGMENT

When the matter was taken up for hearing on 01.08.2023 , there

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

posted under the caption "for dismissal" on 02.08.2023. On 02.08.2023,

the learned counsel for the plaintiff has submitted that he has given change

of vakalat and also handed over the entire bundle to the plaintiff and hence

this Court directed the Registry to remove the name of the plaintiff's

counsel; print the name of the plaintiff and post the matter on 03.08.2023.

Even today, (08.08.2023) the plaintiff is not appeared before this Court.

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

No costs.

08.08.2023

Index:Yes/No Sepaking/Non-speaking Order uma

https://www.mhc.tn.gov.in/judis T.O.S No.14 of 2003

A.A.NAKKIRAN,J.

uma

T.O.S No.14 of 2003

08.08.2023

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