Mr.C.V.Krishnaswami v. Mrs.Sundari Nyapathy And Another

N.SATHISH KUMAR,J Instant application has been filed to appoint an Advocate Commissioner for the purpose of examining the witness Mrs.C.U.Nagalakshmi, W/o. Mr.C.V.Umanath.

2. In the affidavit filed in support of the application, it is averred that the Will was duly executed at Chennai by Dr.Prema Krishnaswami on 26/10/2016, which was attested by two witnesses, viz., K.Murugan and C.U.Nagalakshmi.

Out of the two witnesses, only C.U.Nagalakshmi, who is aged about 79 years, is available, to depose her statement. But she is not able to move out from her house. Hence seeks an appointment of an Advocate Commissioner.

3. Considering the fact that one of the witnesses, C.U.Nagalakshmi, aged about 79 years and not able to come before this Court, this Court is of the considered view to appoint an Advocate

Commissioner, to examine the witness of Mrs.C.U.Nagalakshmi, W/o. Mr.C.V.Umanath.

4. Accordingly, Mr.K.Vaidyanathan {(Enrolment No.154/02) Old No.5, New No.9, Sungurama Street, Chennai 1. Ph - No.98401 81366} is appointed as an Advocate Commissioner to record evidence of one of the witnesses C.U.Nagalakshmi, W/o.Mr.C.V.Umanath. The Advocate Commissioner is directed to examine the witness and other documents. The remuneration of the Advocate Commissioner is fixed at Rs.25,000/- (Rupees Twenty five thousand only) and the same shall be paid by the petitioner. The said exercise shall be completed and a report shall be filed on or before 14/12/2020.

5. Post on 14/12/2020.

18/11/2020 mvs.

N.SATHISH KUMAR,J

mvs.

18/11/2020