Dr.A.Anthony Irudhayaraj And Another v. Mrs.A.M.Pushpa Joe And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2025

CORAM

THE HONOURABLE Dr. JUSTICE R.N.MANJULA 1.Dr.A.Anthony Irudhayaraj 2.Mary Stella ...Applicants in both applications Vs.

1.A.M.Pushpa Joe 2.Merlin Anita John 3.A.Joseph Andrews ... Respondents in bot applications Prayer : These applications have been filed under Order XIV Rule 8 of the Original Side Rules read with Order VIII Rule 1A(3) and Section 151 of the Code of Civil Procedure, 1908, praying (a) to grant leave to the applicants/ defendants 1 and 3 to bring on record the Additional documents in the list annexed to this Judges Summons, to form part of the record in C.S. No. 733 of 2011; and (b) to grant leave to the applicants /defendants 1 and 3 to produce and mark the certified copy of the registered Will dated 10.02.2003 executed by Late A.Arulappan, obtained from the office of the Sub-Registrar,

Adyar as secondary evidence in lieu of the original Will, which was irretrievably destroyed during the Chennai floods of December 2015. A. Nos. 4325 and 4326 of 2025:- For applicants : M/s.Auxila Peter C O M M O N O R D E R These applications have been filed to grant leave to the applicants/ defendants 1 and 3 to bring on record the Additional documents in the list annexed to this Judges Summons, to form part of the record in C.S. No. 733 of 2011 and to grant leave to the applicants /defendants 1 and 3 to produce and mark a certified copy of the registered Will dated 10.02.2003 executed by Late A.Arulappan, obtained from the office of the Sub-Registrar, Adyar as secondary evidence in lieu of the original Will, which was irretrievably destroyed during the Chennai floods of December 2015.

2. Heard the learned counsel for the applicants.

3. Accepting the reasons stated in the accompanying affidavits filed in support of these applications, and having satisfied with the same, these applications are allowed by permitting the applicants/ defendants 1 and 3 to bring on record the additional documents listed under the Judges Summons, to form part of the record in C.S. No. 733 of 2011 and also by permitting the applicants /defendants 1 and 3 to produce and mark a certified copy of the registered Will dated 10.02.2003 executed by Late A.Arulappan, obtained from the office of the Sub-Registrar, Adyar as secondary evidence in lieu of the original Will, which was irretrievably destroyed during the Chennai floods of December 2015, subject to proof and relevancy. No costs.

11.09.2025 Maya

Dr.R.N.MANJULA, J.

Maya Dated : 11.09.2025