C.Surendranath v. Santhosh Kumar.C

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2025

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN A. No. 3587 of 2025 in T.O.S. No. 80 of 2024 C.Surendranath ...Applicant Vs.

Santhosh Kumar.C

...Respondent

For Applicant : Mr.K.G.Vasudevan For Respondent : Mr.K.V.Babu for M/s.K.R.B.Dhaaranee This application has been filed to condone the delay of 104 days in filing the written statement.

2. In the affidavit filed in support of this judges summons, it had been contended that the summons, after the Original Petition had been converted into Testamentary and Original Suit, had been served on 22.03.2025. It had been however stated that the applicant could not meet the counsel to give necessary instructions in the preparation of the

written statement, hence, there is a delay.

3. Heard the learned counsel for the respondent/ plaintiff.

4. It will only be appropriate that the Will is proved in the manner known to law and the propounder of the Will also addresses the suspicious circumstances, which are stated. Participation of the defendant is required for such purpose.

5. Taking that factor into consideration, the delay stands condoned. The written statement is taken on record. 04.08.2025 Maya 1/2

C.V.KARTHIKEYAN, J.

Maya 04.08.2025