N.Balasubramaniam v. N.Lalitha And Another

A.No.1426 of 2024 in O.P.No.674 of 2023 N.SATHISH KUMAR, J.

This application has been filed seeking for appointment of Advocate Commissioner to record the evidence of Mrs.Sakunthala, as P.W.2 and to file a report before this Court in the above Original Petition. 2.The applicant/petitioner has filed the Original Petition for grant of probate in his favour. The learned counsel appearing for the applicant submitted that both the attesting witness died and the daughter of the first attesting witness namely Mrs.Sakunthala had informed the applicant/petitioner about the execution of the will in their residence, is sought to be examined as P.W.2. The said Sakunthala aged about 80 years is residing in Mumbai with her sons and she is not in a position to give evidence before this Court. Hence, an Advocate Commissioner may be appointed for recording the evidence of the petitioner.

3. Since, no objection is raised by the learned counsel for the respondents, this Court by consent of both parties appoints, Mr.Prasannaa. S.B., No.24, O-1, The Majestic City Apartments, L.V.Prasad Road, Vadapalani, Chennai - 600 026, Mobile No.99406 39921 as an advocate

commissioner for recording evidence of Mrs.Sakunthala, as P.W.2. The remuneration to the Advocate Commissioner is fixed at Rs.30,000/- besides travelling and other expenses and the same shall be paid by the applicant directly to the Advocate Commissioner. The Advocate Commissioner shall file the evidence of the Mrs.Sakunthala along with his report before this Court, once the evidence is completed.

4. Registry is directed to handover all the documents to the advocate commissioner in a sealed cover.

5. Accordingly, this application is ordered.

12.03.2024 dhk To Mr.Prasannaa. S.B., No.24, O-1, The Majestic City Apartments, L.V.Prasad Road, Vadapalani, Chennai - 600 026, Mobile No.99406 39921

N.SATHISH KUMAR, J.

dhk A.No.1426 of 2024 in O.P.No.674 of 2023 12..03.2024