An original petition filed for a succession certificate to collect debts was dismissed for non-prosecution as no representation appeared before the court on consecutive listing dates, and none appeared on the current dismissal listing.
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O.P.No.743 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
O.P.No.743 of 2017
V.Chamundeeswari D/o.Varadarajan
... Petitioner
PRAYER : Petition filed under Section 372 of Indian Succession Act read with Order XXV Rule 6 of the Original Side rules prays that to grant a Succession Certificate to the petitioner with power to collect the debts and receive the interest thereon as specified in the schedule hereto as may deem fit and proper in the circumstances of the case and thus render justice.
For Plaintiff : No Appearance
ORDER
The matter was listed for hearing on 28.10.2022 and 21.11.2022. On
both these dates, there was no representation for the petitioner. Therefore, the matter was listed today under the caption “for dismissal”. Once again,
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O.P.No.743 of 2017
there is no representation for the petitioner. Therefore, this petition is dismissed for non-prosecution without any order as to costs.
13.12.2022
Index : Yes / No
kal
SENTHILKUMAR RAMAMOORTHY,J
kal
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1 issue framed by the court
Whether the petition for succession certificate be allowed in the absence of the petitioner?
2 provisions across 2 enactments
V. Chamundeeswari
Not Stated
Senthil Kumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
