The High Court of Madras dismissed a Testamentary Original Suit filed under the Indian Succession Act for non-prosecution. The petitioners failed to appear in person or through counsel on the hearing dates, leading the court to dismiss the suit for lack of representation.
The suit in TOS No. 27 of 2005 was dismissed for non-prosecution without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION)
MONDAY, THE 18TH DAY OF APRIL 2022
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
TOS.No.27 of 2005 (O.P.No.53 of 2004)
In the matter of the Indian Succession Act XXXIX of 1925; and In the matter of the last Will and Testament of A.Kumaraswamy Naicker - Deceased
1.B.Hariharan 2.B.Senthilkumar 3.B.Saraswathi All are residing at Old No.17, New No.20, Pushpa Nagar Ist Street, Nungambakkam, Chennai- 600 034 ..Petitioners/Plaintiffs vs Radha No.35, West Mada Street, Nungambakkam, Chennai- 600 034 ..Caveator/Defendant
Testamentary Original Suit praying that this Hon'ble Court be pleased
to pass an order that Letters of Administration with will annexed may be https://hcservices.ecourts.gov.in/hcservices/ granted to the petitioners as the beneficiaries under the Will of the said
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deceased having effect throughout the State of Tamilnadu Limited to the
property mentioned in the affidavit of assets.
This Testamentary Original Suit coming on this day before this Court
for hearing in the presence of Mr.P.S.Vasanthakumar, Advocate for the defendant herein and the plaintiffs herein not appearing in person or by advocate and upon reading the petition filed herein and
It is ordered as follows :-
That the suit in TOS.No.27 of 2005 be and is hereby dismissed for non-prosecution.
WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 18TH DAY OF APRIL 2022.
Sd./-
JOINT REGISTRAR (O.S) //Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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DL
28.04.2022
T.O.S.No.27 of 2005 (O.P.No.53 of 2004)
ORDER
DATED : 18.04.2022
THE HON'BLE MRS. JUSTICE
V.BHAVANI SUBBAROYAN
FOR APPROVAL: 09.05.2022
APPROVED ON : 16.05.2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
TOS.No.27 of 2005
... Plaintiffs
Versus
Prayer: TOS numbered on conversion of O.P.No. 53 of 2004, filed under Sections 232, 255 and 276 of Indian Succession Act, read with Order XXV Rule 5 of O.S.Rules, praying that the Letters of Administration with Will annexed may be granted to them as the beneficiaries under the WILL of the said deceased having effect throughout the State of Tamil Nadu Limited to
the property mentioned in the affidavit of assets.
For Plaintiffs : No Appearance For Defendants : Mr.P.S.Vasanthakumar
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JUDGMENT
When the case was taken up for hearing on 12.04.2022, there was no
representation for the plaintiffs. Hence, the matter was directed to be posted
today i.e, on 18.04.2022, under the caption “for dismissal”. Even today, there is no representation for the plaintiff either in person or through his learned counsel. Therefore, this TOS is dismissed for non-prosecution. No costs.
Sd./-V.B.S.J. 18.04.2022
//Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether the Testamentary Original Suit should be dismissed due to non-appearance of the petitioners?
3 provisions across 1 enactments
B. Hariharan
B. Senthilkumar
B. Saraswathi
Radha
Sundaramoorthy
V. Bhavani Subbaroyan
Munishwar Nath Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
