Madras High Court
C.Rajendran (Deceased) vs K.Santhamoorthy on 5 January, 2023
Author: N.Seshasayee
Bench: N.Seshasayee
T.O.S.No.8 of 2006
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2023
CORAM : JUSTICE N.SESHASAYEE
T.O.S. No.8 of 2006
1.C.Rajendran (deceased) ... Petitioner / Plaintiff
2.R.Muthumanickam ... 2nd Plaintiff
[Death of the sole plaintiff recorded and 2nd
plaintiff impleaded as per order of this Court dated
29.11.2022 made in Application No.5303 of 2022 in
TOS.No.8 of 2006]
Vs.
1.K.Santhamoorthy
2.Thenmozhi
3.K.Baskaran
4.K.Ravikumar ... Caveators / Defendants
Prayer : Petition filed under Section 222 & 276 of the Indian Succession
Act, 1925 read with Order XXV Rule 4 of the Original Side Rules,
praying that he may be allowed to prove the Will in common form and
that probate thereof, to have effect limited to the State of Tamil Nadu
may be granted to the petitioner .
For Plaintiff : Mr.R.Natarajan for P2
P1 - Died
For Defendants : Mr.Balan Haridas [D1,D3 & D4]
Mr.P.Sesubalan Raja [D2]
https://www.mhc.tn.gov.in/judis
1/2
T.O.S.No.8 of 2006
N.SESHASAYEE.J.,
ds
JUDGMENT
The counsel for the plaintiff and also the counsel for the defendants 1,3 and 4 made a joint statement that they do not have instructions from their respective clients. The counsels have also filed their memo to that effect.
2. Recording the submissions of the learned counsel, this testamentary suit is dismissed as default. No costs.
05.01.2023 ds Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order T.O.S.No.8 of 2006 https://www.mhc.tn.gov.in/judis 2/2