Mrs Udaya Chandrika And Another v. Mr.K.Selvakumar And 3 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL JURISDICTION) WEDNESDAY, THE 21ST DAY OF AUGUST 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN A.No.6036 of 2019 in O.P.DIARY NO.23371 of 2019 In the matter of Indian Succession Act XXXIX of 1925 and In the matter of Last Will and Testament of Mrs.K.Meenakshi Ammal (Deceased) 1.MRS UDAYA CHANDRIKA W/O.S.VIVEKANANDAN
2. L.PRABHAKARAN S/O.LOGANATHAN 1 and 2 at OLD NO.62/1 NEW NO.42 RAZACK GARDEN STREET, ARUMBAKKAM, CHENNAI 600 106.
... Petitioner -Versus1. K.Selvakumar, Son of Late T.Krishnan (alias), T.Krishnaswami Mudaliar,
2. Mrs.Padmini, Daughter of K.Selvakumar
3. Mrs.Kokila, Daughter of K.Selvakumar, 1 to 3 residing at Old No.62, New No.44, Razack Garden Street, Arumbakkam, Chennai-600 106.
4. Mrs.Rajeswari, Wife of Loganathan, Old No.62/1, New No.42, Razack Garden Street, Arumbakkam, Chennai-600 106.
..Respondents A.No.6036 of 2019:
1. MRS UDAYA CHANDRIKA W/O.S.VIVEKANANDAN
2. L.PRABHAKARAN S/O.LOGANATHAN 1 and 2 at OLD NO.62/1 NEW NO.42 RAZACK GARDEN STREET, ARUMBAKKAM, CHENNAI 600 106.
... Applicant/Petitioner -Versus1. K.Selvakumar, Son of Late T.Krishnan (alias), T.Krishnaswami Mudaliar,
2. Mrs.Padmini, Daughter of K.Selvakumar
3. Mrs.Kokila, Daughter of K.Selvakumar, 1 to 3 residing at Old No.62, New No.44, Razack Garden Street, Arumbakkam, Chennai-600 106.
4. Mrs.Rajeswari, Wife of Loganathan, Old No.62/1, New No.42, Razack Garden Street, Arumbakkam, Chennai-600 106.
..Respondents/Respondents Application praying that this Hon'ble Court be pleased to accept third party affidavit identifying the singnaure of the Testatrix as the affidavit of the attesting witnesses in nor procurable.
This application coming on this day before this court for hearing the court made the following order:
Considering the averments made in the affidavit filed in support of this application and the fact that the Will is in the year 1985 and the attesting witnesses are not traceable, this application is allowed permitting the petitioners to file third party affidavit identifying the signatures of the attestors. Sd/.R.S.M.J.
21.08.2019 //Certified to be a true copy// Dated this the day of 2019.
Su.22.08.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.