Testamentary suit seeking Letters of Administration with the Will annexed was dismissed for non-prosecution after the plaintiff failed to appear on two listings, including under the 'For Dismissal' caption; connected applications were closed with no costs.
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T.O.S.No.9 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-07-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE
TOS No. 9 of 2011 and A. Nos. 5425 of 2025, 2370 to 2372 of 2026
Benjamin George No.7, 41st Street, 6th Avenue, Ashok Nagar, Chennai - 600 083
..Petitioner/plaintiff
Vs
T.J.George No.7, 41st Street, 6th Avenue, Ashok Nagar, Chennai - 600 083
...Defendant
PRAYER: That Letters of Administration with the Will annexed may be granted to him as one of the sons / legatees under the Will of the said deceased having effect limited to the State of Tamil Nadu and limited to the property mentioned in the affidavit of assets.
For Petitioner(s): No appearance. For Respondent(s): Mr.V.Jayakumar.
JUDGMENT
When this matter was listed on 30.06.2026, there is no representation for the
plaintiff and this case was listed under the caption 'For Dismissal' today. Even 1/3
T.O.S.No.9 of 2011 today, there is no representation for the plaintiff. Learned counsel for the defendant is present.
2.Hence, this suit is dismissed for non-prosecution. No costs. Consequently, all the connected applications, stand closed.
06-07-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
AY
2/3
T.O.S.No.9 of 2011
DR.A.D.MARIA CLETE, J.
AY
TOS No. 9 of 2011 and A. Nos. 5425 of 2025, 2370 to 2372 of 2026
06-07-2026
3/3
1 issue framed by the court
Should Letters of Administration with the Will annexed be granted to the petitioner as son/legatee under the deceased's Will?
Benjamin George
T.J. George
A.D. Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
