Madras High CourtA/4794/2021allowed

Sridevi v. Nil

2022-01-03Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 03RD DAY OF JANUARY 2022 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE A.No.4794 of 2021 in O.P.No.629 of 2019 In the matter of Indian Succession Act 39 of 1925 and In the matter of the Last Will and Testament of Chellammal (deceased)

1. SRIDEVI W/o.Ponnuvel, No.9/3, Palani Andavar Koil Street, Perambur, Chennai-600011.

2. JAGATH RAM (Minor) S/o.Ponnuvel, No.9/3, Palani Andavar Koil Street, Perambur, Chennai-600011.

Minor Rep by his Legal Guardian appointed in O.P.636 of 2018) ..Applicants/Petitioners Application praying that this Hon'ble Court be pleased to subpoena to Mrs.T.Padmini W/o.P.Thangamani aged about 52 years, residing at No.638, Rani Ammaniyar Street, Periyar Nagar, Chennai-600 039, to adduce witness behalf of the attesting witness who is the uncle signed as the 1st witness in the will dated 24.11.2003

This application coming on this day before this court for hearing the court made the following order:

This application has been filed to issue subpoena to T. Padmini, W/o. P. Thangamani aged 52 years, residing at No.638, Rani Ammaniyar Street, Periyar Nagar, Chennai 600 039 to adduce evidence in place of the attesting witnesses, who have signed the subject Will, dated 24.11.2003 for which, Probate is sought for.

2. As seen from the affidavit filed in support of this application, the attesting witnesses are no more and in their place, the applicants are desirous of examining T. Padmini, who is their relative as a Witness and who has seen the execution of the Will dated 24.11.2003 by Chellammal, the deceased Testatrix. According to the applicants / petitioners, despite their request, T. Padmini is not willing to voluntarily come and let in evidence before this Court in place of the attesting witnesses, who are no more. In such circumstances, they have filed this application seeking for Subpoena.

3. This Court is satisfied with the reasons stated in the affidavit filed in support of this application and accordingly, this application is allowed as prayed for.

4. Accordingly, subpoena is issued to T. Padmini, W/o. P.Thangamani aged 52 years, residing at No.638, Rani Ammaniyar Street, Periyar Nagar, Chennai 600 039 to adduce evidence in place of the attesting witnesses to the subject Will dated 24.11.2003 executed by the Testatrix Chellammal.

Sd/-A.Q.J.

03.01.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU./07.01.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.