The High Court dismissed a succession petition under Sections 232 and 276 of the Indian Succession Act due to the absence of the plaintiff's representation before the Court. No relief was granted.
Petition dismissed for default due to non-appearance of the plaintiff.
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T.O.S.No.40 of 1995
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
T.O.S.No.40 of 1995
Jothi
... Plaintiff
Vs.
1.E.Sambasivan (died) 2. J.S.Metha
3.Karmukil
4.Poonghuzhali
(Defendants 3 & 4 impleaded as L.R.'s of deceased 1st defendant as per order dated 28.06.2005 in A.No.2541 of 2005)
5.K.T.Rukmani Ganesan Cultural Forum Rep. by its Trustee Secretary, C.Ramanatha Rao (died) N.Murugesan
(5th defendant is represented by Dr.N.Murugesan as per the modified order in A.No.110 of 2020 dated 10.01.2020)
6.T.Ponnadiyan
7.C.Ramanatha Rao (died)
T.O.S.No.40 of 1995
(Defendants 5 to 7 are impleaded as per order in A.No.3212 of 2005 dt. 24.07.2005)
8.N.Murugesan 9.B.Veeraraghavan
10.S.S.Kumar
(Defendants 8 to 10 are impleaded as per A.No.109 of 2020 order dated 09.01.2020)
... Defendants
Prayer : This Petition is filed under Sections 232 and 276 of the Indian Succession Act XXXIX of 1925, praying that the petitioner may be allowed to prove the Will in common form and Letters of Administration thereof may be granted to her.
For Plaintiff : No Appearance
For D 5, 6, 8 to 10 : M/s.K.Chandrasekaran K.S.Vaithianathan
JUDGMENT
There is no representation for the plaintiff. The learned counsel for the defendants 5, 6, 8 to 10 submitted that the plaintiff's name also printed in the cause list.
T.O.S.No.40 of 1995
2.Learned counsel for the defendants 5, 6, 8 to 10 is present before the
Court.
3.The suit is dismissed for default. No Costs.
16.02.2023
Anu
Index : yes / no Internet : yes / no Speaking /Non speaking order
T.O.S.No.40 of 1995
N.SESHASAYEE, J.
Anu
T.O.S.No.40 of 1995
16.02.2023
Jothi
1.E.Sambasivan (died)
J.S.Metha
Karmukil
Poonghuzhali
N.Murugesan (Trustee Secretary)
N Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
