M.P.Chandra Babu v. Indira Vasu And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE in O.P.No.509 of 2025 M.P.Chandra Babu ..Applicant(s) Vs

1. Indira Vasu

2. Makani Hemadri

3. Shoba Avula

4. Geetha Dodda ..Respondent(s) To appoint an Advocate Commissioner to take evidence and examine the Applicant as witness, mark necessary documents and record the applicant deposition as evidence at applicant residence 3A Dakshin Apartment, 37, Venkataraman Street, T.Nagar, Chennai 600 017. For Applicant(s):

Ms.T.Hemalatha

ORDER

This application has been filed to appoint an Advocate Commissioner to take evidence and examine the Applicant as witness, mark necessary documents and record the applicant deposition as evidence at applicant's residence bearing Door No.3A Dakshin Apartment, 37, Venkataraman Street, T.Nagar, Chennai-600 017.

2.

Heard the learned counsel for the petitioner. 3.

The learned Master has recorded on 11.02.2026 that service has been completed to all the respondents, although it is seen that the Court notice has not been directly served on the Respondents 2 and 4. 4.

The learned counsel for the petitioner submitted that earlier the brother of the petitioner filed O.P.No.652 of 2022 before this Court for grant of probate of the genuinity of the Will dated 01.06.1985 wherein probate was granted by this Court on 21.04.2023 with all the respondents shown in this OP having submitted their consent affidavit. For this OP as well, the learned counsel for the petitioner submitted that the respondents are most willing to submit their consent affidavit. In the circumstances, the petitioner is aged 95 years old and therefore, this application is moved for appointment of Advocate Commissioner to record the evidence and examine the Applicant as witness, mark necessary documents and record the applicant deposition as evidence at applicant's residence bearing Door No.3A Dakshin Apartment, 37, Venkataraman Street, T.Nagar, Chennai-600 017. 5.

Considering the extreme situation and the age of the petitioner and the medical condition of the petitioner that he is suffering from acute cerebrovascular accident and systemic hypertension, this application deserves to

be allowed. Accordingly, Mr. E. Reegan Amara sekaran, Advocate Enrollment No. Ms. 2248/06, Cell No. 919952994546. Email id: ronald4reegan@gmail.com is appointed as Advocate Commissioner to visit the premises of the witness, namely, Door No.3A Dakshin Apartment, 37, Venkataraman Street, T.Nagar, Chennai-600 017, and record the evidence in accordance with law. The petitioner shall make all necessary arrangements for secretarial assistance and transportation for the Advocate Commissioner. The Registry is directed to do the needful so as to enable the Advocate Commissioner to record the evidence and mark the documents. The initial remuneration of the Advocate Commissioner is fixed at Rs. 50,000/-. The petitioner shall pay the Advocate Commissioner's fee directly to the Advocate Commissioner.

The Advocate Commissioner is further directed to record the evidence on 22.04.2026, without causing any unnecessary delay, having regard to the fact that the witness is an aged and sick person, and to file the recorded evidence along with a report of proceedings forthwith before this Court on 27.04.2026.

20-04-2026 SRM

DR.A.D.MARIA CLETE, J.

SRM To Mr. E. Reegan Amara sekaran, Advocate, Enrollment No. Ms. 2248/06, Cell No. 919952994546.

Email id: ronald4reegan@gmail.com in O.P.No.509 of 2025 20-04-2026