← Library
Madras High CourtA/3940/2018ordered

J.Thiruvenkadakrishnan v. J.Bakthavachalam

2018-07-04Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) WEDNESDAY, THE 04TH DAY OF JULY 2018 THE HON'BLE MR. JUSTICE N.SATHISHKUMAR A. No.3940 of 2018 IN TOS.No.103 of 2013 In the matter of the Indian Succession Act XXXIX of 1925 and In the matter of Certified copy of Will and Testament of T.G.Jaganathan - Deceased

1. J.Thiruvenkadakrishnan

2. D.Vedavalli

3. D.Saranya

4. D.Harish Kumar (*) Minor Minor represented by his mother and natural guardian D.Vedavalli 1 to 4 are residing at No.19/24, Rathna Nagar (at present Rathna Nagar 2nd Street) Teynampet, Chennai 600 018.

(*)4th plaintiff who is declared as major and 2nd plaintiff is discharged from guardianship of the minor 4th plaintiff as per order dated 11.11.2016 in A.No. 5889/2016 and 5890/2016 in TOS.No.103 of 2013.

.. Applicants/Petitioners/Plaintiffs Vs J.Bakthavachalam residing at No.23, Shanmugapuram, Thiruvotriyur, Chennai 600 019.

.. Respondent/Caveator/Defendant

Application praying that this Hon'ble Court be pleased to pass ann order to permit the applicants/plaintiffs to mark the certified copy of the Will dated 09.12.1992. This Application coming on this day before this court for hearing the court made the following order:- This application has been filed to permit the applicants to mark the certified copy of the Will dated 09.12.1992.

2.As the original Will has not been produced by the defendant despite the order passed by the learned master, in application No.3061 of 2012 to issue citations to the second respondent to produce the Will, the second respondent had not produced the Original Will. 3.Now, the applicants seek to file the certified copy of the Will dated 09.12.1992. Considering the facts, even after the citations, the respondents have not produced the Original Will, hence, I am of the view that the secondary evidence to be permitted. Accordingly, this application is ordered.

5.Post T.O.S.No.103 of 2013 on 18.07.2018 before the learned Master for recording evidence.

sd/-N.S.K.J 04/07/2018 //Certified to be true copy// Dated at Madras this the day of 2018. JJ 11/09/18 COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.