D.Sakila And 3 Others v. Kalaivani And Another
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 17TH DAY OF MARCH 2022 THE HON'BLE MR. JUSTICE P. VELMURUGAN A.Nos.806,807 and 809 of 2022 in O.P.No.545 of 2021 In the matter of the Indian Succession Act XXXIX of 1925 and in the matter certain Debts of Late Mr. P. L. DEVARAJAN, Deceased Intestate
1. D. Sakila, Wife of late Mr. P.L. Devarajan, No.81, Desiya Nagar, 3rd Street, New Washermanpet, Chennai-81.
2. P. Lakshmi, Wife of Late Mr. Pettiappan, Mother of Late Mr. P.L. Devarajan, Residing at No.81, Desiya Nagar, 3rd Street, New Washermanpet,Chennai-81.
3. D.S. PREETHI AKSHYA, wife of P. Rajesh, Daughter of Late Mr. P.L. Devarajan,
4. D.S.PRETHIKSHA, Daughter of late Mr. P.L. Devarajan, Residing at No.81, Desiya agar, 3rd Street, New Washermanpet, Chennai-81.
......Petitioners / Applicants (in all applications) -Vs1. MS. KALAIVANI, Residing at No.A24/26, Cross Road, New Washermanpet, Chennai 81
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2. MASTER. KEERTHI RAJAN, Represented by his mother and Natural Guardian, Residing at No.A24/26, Cross Road, New Washermanpet, Chennai-81 ....Respondents/Respondents (in all applications) A.No. 806 of 2022:- Application praying that this Hon'ble Court be pleased to allow the application to praying this Hon''ble Court to re-call the PW1 (D.Sakila) evidence in O.P.no.545/2021 to let in further evidence. A.No.807 of 2022:- Application praying that this Hon'ble Court be pleased to allow the application to praying this Hon'ble court to re-open the petitioner side evidence in O.P.No. 545/2021 to let in further evidence and marking of documents.
A.No.809 of 2022:- Application praying that this Hon'ble Court be pleased to grant leave to receive additional documents as follows
1. First Petitioner Aadhar Card No. 9326 5943 2074 Xerox
2. First Petitioner Voters Identity Card No. WQD2421089 Xerox
3. First Petitioner Driving licence No. TN03-20130005076. Xerox
4. Second Petitioner Aadhar Card No. 9113 6657 1671. Xerox
5. Second Petitioner Voter Identity Card No. WQD2421071. Xerox
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6. Third Petitioner Aadhar Card No. 2330 5383 6347. Xerox
7. Third Petitioner Voter Identity Card No. WQD1267723. Xerox
8. Fourth Petitioner Aadhar Card No. 2931 5135 3408. Xerox
9. Fourth Petitioner Voter Identity Card No. WQD2651156. Xerox
10. Exhibit P1 Negative.
These Applications coming on this day before this court for hearing the court made the following order:
These appellations have been filed seeking to recall P.W.1's evidence, to reopen the petitioner's side evidence to let in further evidence and marking of documents and to grant leave to receive additional documents respectively.
2. The learned Counsel for the applicants would submit that due to virtual hearing, they could not identify the witnesses and the parties and therefore, the present applications have been filed seeking for the above reliefs.
3. Though the learned counsel for the respondents seeks time for filing counter, admittedly, due to pandemic situation, the proceedings of the Courts and all the Government Institutions had been changed from regular for the past 2 years. Therefore, the reasons stated in the affidavits are
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4. Accordingly, the applications are allowed.
5. Registry is directed to place the matter before the same Master who had earlier recorded the evidence and the Master is directed to complete the evidence within 15 days.
6. List the matter on 04.04.2022.
Sd/P.V.J.
17.03.2022 //Certified to be a true copy// Dated at Madras this the th day of 2022. SSU/21.03.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.