R.Kesavanathan v. S.Bhuvaneswar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-06-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE in TOS.No.20 of 2025 R.Kesavanathan S/o.LATE K.RAMASWAMY, NO.26/22, PERUMAL KOIL STREET, METTUPALAYAM, WEST MAMBALAM, CHENNAI-33 ..Applicant(s) Vs S.Bhuvaneswar W/o.Soundar, 4, Hanumar Koil Street, West Mambalam, Chennai-33.

..Respondent(s) To appoint an Advocate Commissioner to examine the attesting witness viz Mr.T.Kailasam, in his residence at No.59, 12th Street, Sector II, K.K.Nagar, Chennai 600 078 as PW-2 with relevant documents, record the evidences of chief and cross examination and submit the same before this Honble court in the above TOS.

For Applicant(s):

M/s.GEETA RAMASESHAN Uma Vidyapathi S.Prabha Shreeja Kumar

ORDER

This application has been filed to appoint an Advocate Commissioner to examine the attesting witness viz Mr.T.Kailasam, in his residence at No.59, 12th Street, Sector II, K.K.Nagar, Chennai 600 078 as PW-2 with relevant documents, record the evidences of chief and cross examination and submit the same before this Honble court in the above TOS.

2. Learned counsel appearing for the applicant submits that the attesting witness is aged more than 90 years and bed ridden and therefore, he could not come to Court to let in evidence.

3. Considering the submission made by the learned counsel appearing for the applicant and taking note of the fact that it is not denied or disputed, coupled with the fact that there is no representation on behalf of the respondents, this Court is inclined to appoint an Advocate Commissioner. Accordingly, Ms.Pushpavalli, Advocate, No.518, 26th Block, S.M.Nagar, Vyasarpadi, Chennai 600 039. Mobile No.9003162793 is appointed as Advocate Commissioner to record the evidence of the attesting witness - Mr.T.Kailasam at his residence. The applicant 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 25.06.2026, 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 20.07.2026.

17-06-2026 Index: Yes/No DPQ

DR.A.D.MARIA CLETE, J.

DPQ 17-06-2026