Brenda Philomena Cole v. Denzil Godfrey Rao

A NO. 1801 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-04-2025

CORAM

THE HONOURABLE MR JUSTICE K.KUMARESH BABU A NO. 1801 of 2025 in O.P.No.923 of 2017 Brenda Philomena Cole D/o.K.V.Rao No.66, Johanson Promenade, Murdoch 6150, Perth, Western Australia.

Applicant(s) Vs 1.K.V.Rao, alias Mrs.Noreen Justina Rao (Died) W/o.K.V.Rao, No.101/2. Johanson Promenade, Murdoch 6150, Perth, Western Australia.

2.Denzil Godfrey Rao S/o.K.V.Rao, 97, Jackson Avenue, Winthrop 6150, Perth, Western Australia.

Respondent(s) For Applicant(s): Mr.G.Kalyan Jhabakh for M/s. Surana and Surana

ORDER

The present application has been filed to appoint an Advocate Commissioner to go to the premise at Flat No.101, Brigade heritage, 45/2 Cookson Road, Bangalore - 560 084, wherein PW2 can be examined.

2. Heard the learned counsel for the applicant

3. 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.S.Patrick, Advocate having office at No.88, Law Chambers, Madras High Court Campus, Chennai - 600 104, is appointed as the Advocate Commissioner to record the evidence of PW2 as a witness in the trial of O.P.No.923 of 2017. The initial remuneration is fixed at Rs.30,000/-

4. Registry is directed to handover the E.P1 Will and the affidavit of the attesting witness in a sealed cover to the learned Advocate Commissioner and also issue necessary warrant by 30.04.2025.

List the matter on 09.06.2025.

21-04-2025 Gba To 1.K.V.Rao, alias Mrs.Noreen Justina Rao (Died) W/o.K.V.Rao, No.101/2. Johanson Promenade, Murdoch 6150, Perth, Western Australia.

2.Denzil Godfrey Rao S/o.K.V.Rao, 97, Jackson Avenue, Winthrop 6150, Perth,

Western Australia.