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Madras High CourtA/102/2017allowed

D.Venkatraman v. Mrs.D.G.Premalatha

2017-01-09Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 9TH DAY OF JANUARY 2017 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.102 of 2017 in T.O.S No.20 of 2015 In the matter of the Indian Succession Act XXXIX of 1925 And In the matter of the law Will and TESTAMENT of D.Govardhana Ram Naidu (deceased) 1.D.Venkatraman (deceased) s/o D.Govardhana Ram Naidu, No.17, 1 st Cross Street, Trustpuram, Kodambakkam, Chennai 600 024 2.Janakiram D.V No.17, 1 st Cross Street, Trustpuram, Kodambakkam, Chennai 600 024 3.Sathyanarayana Ram D.V No.17, 1 st Cross Street, Trustpuram, Kodambakkam, Chennai 600 024 4.(*)Mrs.S.Vijayalakshmi W/o Srinivasan, 62/45, Ragavan Street, Choolai, Chennai 600 112 (*) Mrs.S.Vijayalakshmi, 4 th plaintiff brought on record LR of the deceased 1 st plaintiff as per Order dated 15/11/2016 in A.

No.3287/2016.

..Applicant/Petitioner Vs.

1.Mrs.D.G.Premalatha @ C.N.Rajalakshmi W/o Late C.V..Neelalochana 2B, Booblie Raja Street, Kalinga Colony, K.K.Nagar, Chennai 600 078 2.Mrs.C.V.Gangabai, W/o C.V.Sanjeevi, 1598, 5 th Cross Street, XVth Main Road, J Block, Anna Nagar, Chennai 600 040 3.Mrs.M.Lillykumari, w/o K.V.Madhavan, 17, Sundaram Pillai Street, Purasawalkam, Chennai 600 007 ..Respondents/Defendants A. No.102 of 2017 Application praying that this Hon'ble Court be pleased to receive the following documents filed by the applicants/plaintiffs (i) A original copy of the police complaint dated 26.09.1990 preferred by late Govardhana Ram Naidu (deceased) (ii) the Original Extract of CSR (Community Service Register) issued by R.2 Police Station, Kodambakkam, Chennai-24.

This Application coming on this day before this court for hearing the court made the following order:

This application is filed by the applicant/plaintiff to receive the additional documents which is mentioned in the list of documents annexed with the Judges summons.

2. Heard the learned counsel for the applicant as well as the learned counsel for the respondent.

3. Considering the submissions made on either side and considering the fact that no objection raised on the side of respondent and also going through the averments made in the affidavit, I am inclined to allow the application, but, however the documents sought to be received as additional evidence can be marked subject to proof, relevancy and admissibility at the time of evidence.

4. Therefore, the applicant/plaintiff is permitted to file the additional documents, subject to proof and relevancy can be decided by this Court of those documents at the time of final disposal.

5. With the above observations, the application is allowed. Sd./- N.S.K.J.

09.01.2017 //Certified to be true copy// Dated at Madras this the th day of 2018.

COURT OFFICER (O.S.) TPY/1.6.2018 From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.