K.Jeya Meshack vs Daniel Thomas(Deceased)
2024 Latest Caselaw 17226 Mad

Madras High Court

K.Jeya Meshack vs Daniel Thomas(Deceased) on 2 September, 2024

                                                                                  T.O.S No.6 of 1993

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 Date : 02.09.2024

                                                     CORAM:

                                   THE HON`BLE MR.JUSTICE A.A.NAKKIRAN

                                                T.O.S.No.6 of 1993

                                               (O.P No.259 of 1987)

                     K.Jeya Meshack                                          ... Plaintiff


                                                   Vs.
                     1.Daniel Thomas(deceased)
                     2.M.Lidya Arputhamani(deceased)
                     3.T.Kamalam (deceased)
                       (Defendants 1 & 2 are the L.R's of
                       the deceased 3rd defendant and the
                       same is recorded as per order dated
                       14.10.2003 made in Application
                       No.4035 of 2003)
                     4.D.Jencee Leema
                     5.V.Devasagayam
                     6.D.Samuel Jabaraj
                     (Defendants 5 & 6 are the L.R's of
                     the 2nd defendant as per order dated
                     22.03.2022 made in A.No.1228/2022)                      ... Defendants

                     Prayer: Original Petition has been filed under Order XXV Rule 5 of O.S
                     RUles read with Sections 232, and 276 of the Indian Succession Act,
                     praying for grant of Letters of Administration in respect of last Will and

                     1/3


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                                                                                     T.O.S No.6 of 1993

                     Testament of the deceased S.Mesback. Against this petition, Caveat and
                     supporting affidavit were filed by the Caveator. As per order of this Court,
                     the Original Petition No.259 of 1987 was converted into Testamentary
                     Original Suit No.6 of 1993.
                                        For Plaintiff       : No Appearance
                                        For Defendants      : Mr.R.Chandrabose Chellaiah
                                                              for D2 & D4
                                                              Mr.C.Senapathi for D5 &D6


                                                   JUDGMENT

When the matter came up for hearing on 30.08.2024, there was

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

to be posted under the caption "for dismissal" on 02.09.2024. Even today

(02.09.2024), there is no representation on behalf of the plaintiff either in

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

Suit is dismissed for non-prosecution. No costs.

                                                                               02.09.2024

                     Index : Yes/No                                              (1/2)

Speaking/Non-speaking order uma

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A.A.NAKKIRAN,J.

uma

(1/2)

02.09.2024

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