C.Rajendran (Deceased) vs K.Santhamoorthy
2023 Latest Caselaw 333 Mad

                                                                                   T.O.S.No.8 of 2006

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 05.01.2023

                                         CORAM : JUSTICE N.SESHASAYEE

                                                     T.O.S. No.8 of 2006


                     1.C.Rajendran (deceased)                        ... Petitioner / Plaintiff
                     2.R.Muthumanickam                               ... 2nd Plaintiff

                     [Death of the sole plaintiff recorded and 2nd
                     plaintiff impleaded as per order of this Court dated
                     29.11.2022 made in Application No.5303 of 2022 in
                     TOS.No.8 of 2006]

                                                            Vs.

                     1.K.Santhamoorthy
                     2.Thenmozhi
                     3.K.Baskaran
                     4.K.Ravikumar                                   ... Caveators / Defendants

                     Prayer : Petition filed under Section 222 & 276 of the Indian Succession
                     Act, 1925 read with Order XXV Rule 4 of the Original Side Rules,
                     praying that he may be allowed to prove the Will in common form and
                     that probate thereof, to have effect limited to the State of Tamil Nadu
                     may be granted to the petitioner .


                                     For Plaintiff       : Mr.R.Natarajan for P2
                                                           P1 - Died

                                     For Defendants      : Mr.Balan Haridas [D1,D3 & D4]
                                                           Mr.P.Sesubalan Raja [D2]
https://www.mhc.tn.gov.in/judis
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                                                                               T.O.S.No.8 of 2006

                                                                          N.SESHASAYEE.J.,

                                                                                              ds


                                                   JUDGMENT

The counsel for the plaintiff and also the counsel for the defendants 1,3

and 4 made a joint statement that they do not have instructions from their

respective clients. The counsels have also filed their memo to that effect.

2. Recording the submissions of the learned counsel, this testamentary

suit is dismissed as default. No costs.

05.01.2023

ds

Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order

T.O.S.No.8 of 2006

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