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Madras High CourtA/5289/2023allowed

N.Sundari And Another v. P.Sugnatha And Another

2023-10-18Honourable Mr Justice A.A.Nakkiran1 pages

A.No.5289 of 2023 In TOS.No.2 of 2004 A.A.NAKKIRAN, J.

1. This application is filed to grant permission to the Applicants/ Plaintiffs to file affidavit of documents and thereby receive the documents mentioned in the list appended to the Judges Summons.

2. The learned counsel for the Applicant has submitted that at the time of execution of the Will, the Testatrix was in a sound and disposing state of mind and to prove the said contention, the Applicants may be permitted to file affidavit of documents.

3. The learned counsel for the Respondents would submit that at this stage, it cannot be taken into file and it is an abuse of process of law and only to protract the proceedings, this application has been filed.

4. Having satisfied with the reasons stated in the affidavit filed in support of this application, this application is allowed, as prayed for.

5. Call on 18.11.2023.

18.10.2023 Srcm https://www.mhc.tn.gov.in/judis