...workable order regarding the subject property. 10. Mr. Makhija's submission is limited. He says that while the judgment decreeing the operation of Prakash's Testamentary Suit has been stayed, there is no stay either...believe this is entirely correct. If the Appeal filed by Mahesh succeeds and, consequently, Prakash's Testamentary Suit is dismissed, obviously, Mahesh's Testamentary Suit will have to proceed with a.... Shah for the Respondent. 5. A review is sought of part of my judgment and order dated 16 July 2019. 6. I was at that time considering a Testamentary Suit filed by the...

...Testamentary Original Suit. The memo dated 24.02.2022 is taken on record and the Testamentary Original Suit is dismissed as withdrawn. There shall be no order as to costs...dated 13thday of November 2017 in O.P.No.785 of 2016 the Original Petition is directed to be converted into Testamentary Original Suit. For Plaintiff : Mr.K.Raja...Testamentary Original Suit. 2.The learned counsel for the plaintiff has filed a memo dated 24.02.2022 stating that the matter has been settled out of Court and seeks to withdraw the...

...decision on merits.3. By consent, the Caveat in the Testamentary Suit is dismissed as withdrawn. The Respondent is directed to be deleted and to be transposed as the 3 Petitioner. A joint...G.S. Patel, J.:— Although the matter is listed for dismissal, Mr. Velar for the Plaintiffs and Mr. Bhojwani for the Defendant request that the Testamentary Suit itself be taken up for...dispute about two flats. However, the Defendant states that if the Plaintiffs are willing to transpose the sole Defendant as 3 Petitioner to the Testamentary Petition so that all three can jointly seek...

...dismissed as "Settled out of Court". No costs. 3. Registry is directed to refund of the Court Fee if any paid by the plaintiff in the Testamentary Original Suit in accordance with...plaintiff seeks permission of this Court to withdraw the Testamentary Original Suit and he has also made an endorsement to that effect. A.A.NAKKIRAN, J. 1... msm 2. Recording the endorsement made by the learned counsel appearing for the petitioner, this Testamentary Original Suit is...

...either in person or through their learned counsel. 2. Therefore, this Testamentary Original Suit is dismissed for non- prosecution. No costs. 04.03.2022... JUDGEMENT When the Testamentary Original Suit was taken up for hearing on 29.07.2004 and 27.10.2004, there was no...

....5. In view of the aforesaid, the above Testamentary Suit stands dismissed.6. Liberty to apply.7. Sealing of the Drawn up Order and decree dispensed with.8. Dated ...carried on in the above Testamentary Suit and other paper and proceedings so as to reflect the correct current addresses of the Plaintiffs.2. In view of the disputes between the parties...as regarding distribution of the assets of the Late Shyam Bhagwandas Masand (“Deceased”) and the persons entitled thereto and the pending testamentary suits being Testamentary Suit No. 9 of 2011 and...

...learned counsel for the plaintiff, the Testamentary Original Suit is dismissed as settled out of Court. The plaintiff is entitled for refund of Court Fee in accordance with the Rules. No Costs...today for hearing, the learned counsel for the plaintiff submits that the matter has been settled out of Court between the parties and they want to withdraw the suit. Hence, he sought permission of this...Court to withdraw the suit as settled out of Court. He has also made an endorsement in the plaint accordingly. 2. In view of the aforesaid submissions and endorsement made by the...

.... Despite the same, even today, there is no representation on behalf of the plaintiff as well as the defendants. 4. In view of the above, the Testamentary Original Suit stands...dismissed for non prosecution. No Costs. 04.04.2022 Lbm Index : No Internet : Yes Speaking order T.O.S. No.33 of 1999 in O.P. No.432 of 1997 ...

...G.S. Patel, J.:— At the request of Mr. Manek for the Defendants, Notice of Motion No. 186 of 2016 in Testamentary Suit No. 72 of 2008 is dismissed as withdrawn.2. By consent..., the Testamentary Suit is taken up for framing issues. Heard. Issues are framed and these are appended to this order.3. On or before 14 October 2016, the Plaintiffs will file (i) their...in lieu of Examination-in-Chief of the Plaintiffs.4. If these directions have not been complied with by then, the Suit and the Petition will be dismissed for non-prosecution. On...

...aforesaid letter dated 07.04.2022 filed by the learned counsel appearing for the plaintiff, this Testamentary Original Suit is dismissed as "Settled out of Court". No costs... JUDGEMENT The learned counsel appearing for the plaintiff seeks permission of this Court to withdraw the Testamentary Original ...original documents. Further, Registry is directed to refund the Court Fee if paid by the plaintiff in the Testamentary Original Suit in accordance with the provisions of the Tamil Nadu Court Fees and Suit...

...person or through the counsel on record. Hence, the Testamentary Original Suit is dismissed for non-prosecution. No costs. 08.07.2022...plaintiff.) vs. 1.U.Balasubramaniam 2.U.Kirubanandam ... Defendants Prayer: Testamentary Original Suit filed under... J U D G M E N T Earlier, when this Suit was posted on 08.06.2022 for hearing, there was no representation on either...

...G.S. Patel, J.:— Testamentary Suit No. 50 of 2016 will have to be heard first. It propounds a later Will of the deceased. After this Suit is disposed of, Testamentary Suit No. 71 of 2017 can ...proceed in Testamentary Suit No. 71 of 2017. Both suits will be clubbed together, but this does not mean that Testamentary Suit No. 50 of 2016 cannot be separately decided.2. Accordingly..., I will frame issues in both matters but issue directions for trial only in Testamentary Suit No. 50 of 2016.3. Heard. Issues are framed and these are appended to this order...

.... 2 4. In view of the above, the aforesaid Testamentary Civil Suit stands dismissed for non prosecution. No costs...representation on behalf of the plaintiff in the aforesaid suit and the learned counsel for the defendant was alone present on that day. The written statement was filed in the year 2015 itself in the aforesaid...suit by the learned counsel appearing for the defendants. Hence, the matter was adjourned to 17.03.2022 for filing draft issues. When the matter came up for hearing on 17.03.2022, there was no...

...Testamentary Suit No. 190 of 2005. Issues were framed. The 1 Respondent filed her evidence affidavit on 9 February 2009 but then wholly abandoned the trial. The Testamentary Suit was thus dismissed for non...G.S. Patel, J.:— The Petition is for revocation, of a grant of a Succession Certificate dated 29 April 2017 to the Respondent in Testamentary Petition No. 82 of 2016. The Respondent...claimed that the deceased has made on 4 November 2003. She filed Testamentary Petition No. 81 of 2005 seeking to prove the Will. The Petitioner entered a Caveat and the Petition was renumbered as...

..., the testamentary suit was dismissed on contest by the learned Probate Court.5. Subsequently the propounder/respondent no. 1 filed an application under...permitted the propounder/respondent no. 1 to give further evidence in the suit.9. We, thus, do not find any reason to admit this appeal for hearing. The appeal, thus, stands dismissed...prove the execution of the said Will by the testatrix and/or due attestation thereof by the attesting witnesses. Even the attesting witnesses also did not adduce any evidence in the said suit. As a result...

...counsel or in person. 6. In view of the above, the aforesaid Testamentary Original Suit stands dismissed for non prosecution. No costs. 21.04.2022... J U D G M E N T When the matter was listed on 23.02.2022, there was no representation on behalf of the plaintiff in the aforesaid ...

...passed in T.O.S. No. 12 of 1996, by which the testamentary original suit filed by the appellant was dismissed.2. The appellant and the respondents are the children of the deceased E...testamentary original suit was dismissed holding that the Will, Ex.P1, was not genuine.5. Before the learned Single Judge, the appellant has examined himself as PW1. The Ex.P1 is the...Judge. When once issue No. (i) is answered against the appellant, the testamentary original suit is certainly liable to be dismissed.10. Accordingly, the appeal is dismissed. No costs. Consequently ...

... 5. On account of Ms. Mehta's absence, her Testamentary Suit No. 190 of 2013 is dismissed for non-prosecution. 6. But this does not mean that...G.S. Patel, J.:— Despite my order dated 23 August 2021, Ms. Manisha Kiran Mehta, who is the Defendant in Testamentary Suit No. 120 of 2013 and the Plaintiff in Testamentary...Testamentary Suits emanating from cross Testamentary Petitions. The Petitioner/Plaintiff in one is the Defendant/Respondent in the other. Testamentary Suit No. 190 of 2013 in Testamentary Petition No. 776 ...

...: 12. The probate of the will of the deceased Shakuntala Mansen Damodardas Bhansali is refused. The Testamentary Suit and Testamentary Petition are dismissed. ...suit as well as testamentary petition are dismissed. 3. Drawn up decree of dismissal is dispensed with. 4. In view of the...dismissal of the testamentary suit for want of proof of the valid execution of the will, the Notice of Motion No. 128 of 2012 does not survive and is dismissed as such. (ROSHAN DALVI, J.)...

...Testamentary Suit and Testamentary Petition are dismissed.1. The last will and testament of the deceased Shakuntala Mansen Damodardas Bhansali has not been validly proved....2. The suit as well as testamentary petition are dismissed.3. Drawn up decree of dismissal is dispensed with.4. In view of the dismissal of the testamentary ...defendant, therefore, sought to have the consent terms revoked and to proceed with the suit. In the meantime the first attesting witness expired. His further cross-examination could not be recorded...