V.K.Vijayakumaran v. V.K.Hemachandran And 4 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-06-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A No. 2293 of 2026 in O.P. No. 65 of 2025 V.K.Vijayakumaran S/o. Late V.N.Krishnan Kutty, No.85, AGS Colony, Chromepet, Chennai 600 044.

..Applicant(s) Vs

1. V.K.Hemachandran S/o. Late V.N.Krishnan Kutty, No.36/B Thangavel Street, Vetri Nagar, Peravallur Chennai 600 082.

2. M.K.Sasidharan S/o. Late V.N.Krishnan Kutty, Plot No.188, 7th Cross Street, II Main Road, Pallavan Nagar, Thiruverkadu, Chennai 600 077.

3. V.K.Saraswathy W/o. Late P.Balagopalan, D/o. Late V.N.Krishnan Kutty, Flat No.9, Ruby Enclave, Kulakkarai Street, West Tambaram, Chennai 600 045.

4. V.K.Bharathi W/o. P.A.Kesavan, D/o. Late V.N.Krishnan Kutty, Door No.312, I Floor, Abinaya Apartments, 1/5

Mohan Ram Nagar, Mogappair, Chennai 600 053.

5. V.K.Pushkala W/o. Late G.Satheesh Kumaran Nair, D/o. Late Krishnan Kutty, Srihari Apartments, Door No.11, Ist Floor, Thirumalai Nagar, Perungudi, Chennai 600 114. ..Respondent(s) To appoint an Advocate Commissioner to examine the witness, namely Mr.G.Venu, aged 75 years son of Late Gopinathan Nair, Beena Mandiram, Chengamanad Village and Post, Aluva Taluk, Ernakulam District, State of Kerala 683 578 and to file a record of deposition unto this court in O.P.No.65 of 2025 on the file of this Court.

For Applicant(s):

M/S.R. Selvakumar S.Sri Devi For Respondent(s):

Mr.B.Arul Murugan.

ORDER

This application has been filed to appoint an Advocate Commissioner to examine the witness, namely Mr.G.Venu, aged 75 years son of Late Gopinathan Nair, Beena Mandiram, Chengamanad Village and Post, Aluva Taluk, Ernakulam District, State of Kerala 683 578 and to file a record of deposition unto this court in O.P.No.65 of 2025 on the file of this Court.

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2.

The learned counsel appearing for the applicant submitted that the attesting witness sought to be examined is aged about 75 years and he is not in a position to travel from Ernakulam to Chennai due to his advanced age and common ailments and thus seeks to appoint an Advocate Commissioner for recording his evidence at his residence.

3.

The learned counsel appearing for the respondents submits that he has got no serious objection in allowing this application. 4.

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, this Court is inclined to appoint an Advocate Commissioner. Accordingly, Ms.R.Sumithra Chakkaravarthi, New No.257, Old No.125, 5th floor, canara bank building, Angappa Naicken Street, (Opp., to High Court), Chennai - 600 001 Email: sumithrachakkaravarthi@gmail.com is appointed as Advocate Commissioner for the limited purpose of recording evidence of Mr.G.Venu, aged 75 years son of Late Gopinathan Nair, Beena Mandiram, Chengamanad Village and Post, Aluva Taluk, Ernakulam District, State of Kerala 683 578. The applicant shall make all 3/5

necessary arrangements for secretarial assistance and transportation for the Advocate Commissioner. Registry is directed to do the needful so as to enable the Advocate Commissioner to record the evidence and mark the documents. The remuneration of the Advocate Commissioner is fixed at Rs. 50,000/-. The applicant shall pay the Advocate Commissioner's fee directly to the Advocate Commissioner. The Advocate Commissioner is further directed to record the evidence 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. 5.

Accordingly, this application is allowed. No costs. 22-06-2026 Index: Yes/No Speaking/Non-speaking order AY 4/5

DR.A.D.MARIA CLETE, J.

AY A No. 2293 of 2026 in O.P. No. 65 of 2025 22-06-2026 5/5