E.Sundaraj v. S.Udaya Kumari And 9 Others

A.No.655 of 2023 A.No.655 of 2023 in O.P.No.158 of 2022 SENTHILKUMAR RAMAMOORTHY, J.

The petitioner has filed this application for permission to examine Mr.S.Girirajkumar, the son of the second attesting witness, in order to prove the Will.

2. In the affidavit in support of this application, it is stated that the first attesting witness, M.D.Janakiraman, could not be contacted in spite of best efforts. Therefore, the proof affidavit of the second attesting witness, Mr.Sundaravadivelu, was filed. The said witness was 89 years old. Since he passed away on 06.01.2023, the present application is filed.

3. In spite of service of notice on all the respondents, none of the respondents appeared to contest the petition. 1/2 https://www.mhc.tn.gov.in/judis

A.No.655 of 2023 SENTHILKUMAR RAMAMOORTHY, J.

rna

4. Upon examining the affidavit in support of the application and being satisfied that sufficient cause is shown to examine Mr.S.Girirajkumar, in view of the demise of his father, S.Sundaravadivelu, this application is allowed as prayed for.

5. List the matter before the learned Master on 13.02.2023 for recording evidence.

06.02.2023 rna A.No.655 of 2023 in O.P.No.158 of 2022 2/2 https://www.mhc.tn.gov.in/judis