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Madras High CourtA/2839/2025allowed

Mr. Abraham Thomas (Since Deceased) 1.Mrs.Licy Thomas And 2 Others v. Mr. Sunny Thomas And Another

2025-07-09Honourable Mr Justice C.V. Karthikeyan2 pages

A.No.2839 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-07-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN A No.2839 of 2025 in T.O.S.No.26 of 2011 Mr. Abraham Thomas (Since Deceased) 1.Mrs.Licy Thomas and 2 others W/o.Abraham Thomas, All are residing at No.5, Govindaswamy Street, Pazhavanthangal, Chennai 600 114. and 2 Others Applicant(s) Vs Mr. Sunny thomas and another Both at No.5, Thomas Villa, Govindasamy Street, Pazhavanthangal, Chennai 600 114. and another Respondent(s) For Applicant(s):

Mr.K.Mohanamurali For Respondent(s):

Mr.K.Azhagau Raman

ORDER

This application has been filed seeking permission to file further documents as annexed in the Judges Summons. The documents annexed are the report of a Forensic Laboratory called Forensic & Biometric Investigation Services (FBIS), Vadapalani, Chennai. Along with the report and the document with which they compared the signature of the certified https://www.mhc.tn.gov.in/judis

A.No.2839 of 2025 C.V. KARTHIKEYAN,J., vum copy of the Will of the testator had also been produced. Instantly, the other document produced is the Aadhar Card of the witness.

2. A counter has been filed questioning the genuinity of the procedure adopted in comparing the signatures. But let me keep all those issues open. It would only be appropriate that the witness answers to the issues raised by the respondents in their counter affidavit. There is a duty cast on the Court to examine all possible evidence produced relating to either proof of the Will or disproof of the Will. Evidence cannot be shut out at the door step itself.

3. I allow this application and permit the applicants to examine Ragavendra who had issued the report as a further witness to speak about the report and the documents with which he had compared the signature. 09-07-2025 (1⁄2) vum A No.2839 of 2025 in T.O.S.No.26 of 2011 https://www.mhc.tn.gov.in/judis