This court dismissed a testamentary original suit seeking proof of a will and probate limited to Tamil Nadu, as the suit was withdrawn by the plaintiff with the court's consent.
The suit T.O.S. No. 44 of 2006 was dismissed as withdrawn. No costs awarded.
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1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2018
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
T.O.S.No. 44 of 2006
In the matter of Indian Succession Act
XXXIX of 1925 and in the matter of the
Last Will and Testament of
Smt.R.Saraswathi Bai (Deceased)
T.K.Kulasekaran ... Petitioner
Vs.
1. Swarnalatha Prabhakar
2. P.Aarthi
3. P.Aarvind
.. respondents
PRAYER: Testamentary Original Suit has been filed under Section 222 of
the Indian Succession Act XXXIX of 1925 read with ORder XXV Rule 5 of O.S., Rules praying to prove the Will common form and that the Probate
thereof to have effect limited to the State of Tamil Nadu.
For the Plaintiff : Mr.J.Manogar
For the Respondents : Mr.S.Rajesekar
2
C.V.KARTHIKEYAN J,
mm/vsg
JUDGMENT
The learned counsel for the plaintiff had made the following
endorsement:-
“In the light of letter dated 03.11.2017 given by my party T.K.Kulasekaran seeking to withdraw the T.O.S.No. 44/2006, I pray that the suit T.O.S., may be dismissed as withdrawn and thus render justice”.
2 . The said endorsement has also been signed by the plaintiff.
The plaintiff is present today before this Court.
3 . In view of the endorsement made by the learned counsel for
the plaintiff and also signed by the plaintiff, this Testamentary Original Suit is dismissed as withdrawn. No costs.
11.01.2018
Index : Yes/No Internet : Yes/No mm/vsg
T.O.S.No. 44 of 2006
2 provisions across 2 enactments
T.K. Kulasekaran
Swarnalatha Prabhakar
P. Aarthi
P. Aarvind
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
