V.Narayanaswami v. M.Rajesh Mootha

A NO. 1765 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-04-2025

CORAM

THE HONOURABLE MR JUSTICE K.KUMARESH BABU A NO. 1765 of 2025 IN CS NO. 10 OF 2024 V.Narayanaswami S/o (late) Dr.N.Vaidyanathan, New No.344, Old No.244, Ambujammal Street, T..T.K Road, Alwarpet, Chennai 18. Applicant(s) Vs M.Rajesh Mootha S/o. B.M. Mootha, No.555, MKN Road, Alandur, Chennai - 600

016. and 6 Others Respondent(s) For Applicant(s): Sowjanya S For Respondent(s): Mr.K.V.Babu

ORDER

The present application has been filed to appoint an Advocate Commissioner for recording of evidence of Mr.V.Narayanaswami/ applicant herein at New No.344, Old No.244, First Floor, TTK Road, Ambujammal Street, Alwarpet, Chennai - 600 018 as a witness in the joint trial of C.S.No.251 of 2023 and C.S.No.10 of 2024.

2. Mr.K.V.Babu, learned counsel for the respondent would submit that he has no objection in allowing the present application.

3. Heard the learned counsels appearing for their respective parties.

4. Upon considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and no objection of the respondents, this Court is satisfied that the applicant has made out a case in its favour and accordingly, Mr.R.A.Karimullah, Advocate having office at No.338, 2nd Floor, New Additional Law Chambers, High Court Buildings, Chennai - 600 104, is appointed as the Advocate Commissioner to record the evidence of Mr.V.Narayanaswami/ applicant herein at New No.344, Old No.244, First Floor, TTK Road, Ambujammal Street, Alwarpet, Chennai - 600 018 as a witness in the joint trial of C.S.No.251 of 2023 and C.S.No.10 of 2024. The initial remuneration is fixed at Rs.25,000/-

5. The Learned Advocate Commissioner shall record the evidence of Mr.V.Narayanaswami on 26.04.2025 and at any rate complete the same by 27.04.2025 Similarly cross of the named individual shall commence on 28.04.2025 and complete by 30.04.2025.

6. Registry is directed to handover the plaint documents in a sealed cover to the learned

Advocate Commissioner and also issue necessary warrant by 15.04.2025. List the matter on 04.06.2025.

03-04-2025 Gba (2/3) To

1. M.Rajesh Mootha S/o. B.M. Mootha, No.555, MKN Road, Alandur, Chennai - 600 016.

2. Lakshmi Chandramouli W/o. Late V.Chandramouli, No.19E Space, Nirvana, Country Sector 50, Gurgaon 122018. also at 503, Ekdanta, Level 1, 15th Cross, Indiranagar, Stage II, Bangalore - 560038 R-3 C.SRINIVASAN S/o. Late V.Chandramouli, No.19E Space, Nirvana, Countery SEctor 50, Gurgaon - 122018.

3. Malini Vishwanath D/o. Late V.Chandramouli, 503, Ekdanta, Level 1, 15th Cross, Indiranagar, Stage II, Bangalore - 560038.

4. Priya Ganesan D/o. Late Dr.V.Venkataraman, No.302, Shyam Nivas, Dr.C G Gidwani Marg, Chembur, Mumbai - 400 074.

5. V.C.Vaidyanathan S/o. Late Dr.V.Venkataraman, Plot No.160, Yamunai Street, JK Nagar, Near Airport,

Tiruchirappalli - 620023. Also at No.160/1, JK Nagar Extension, Kajamalai, Tiruchirappalli - 620023.

6. Mrs.K.Sandhya W/o.Late Mr.C.Srinivasan, No.19E, Space, Nirvana, Country Sector 50, Gurgaon 122 018.

7. Dr.Maahika Srinivasan D/o.Late Mr.C.Srinivasan