Mrs.M.Devika And Another v. Mrs.Hema Gandhimathi And Another

A.No.5381 of 2022 and TOS.No.31 of 2019 & CS.No.46 of 2017 S.SOUNTHAR,J.

A.No.5381 of 2022 has been filed seeking to receive additional documents in TOS.No.31 of 2019.

2. The applicant produced three documents namely, copy of the sale deed dated 04.08.1966, copy of the patta dated 08.07.1974 and copy of the death certificate of one of the attesting witnesses of the Will namely, T.Perumal, dated 04.11.2020. As far as the two documents of the sale deed, the applicant has stated that those documents were misplaced earlier and now only they were retrived. Insofar as the third document is concerned, it is stated that the attestor namely, T.Perumal died subsequently on 04.11.2020 and hence this application is filed to receive the additional documents.

3. The learned counsel appearing for the respondents submitted that recording of evidence was already started before the Master and only to drag on recording of the evidence, the applicant has come up with this application.

4. Having satisfied with the reasons stated by the applicant for receiving the additional documents, this application is allowed.

5. With the above direction, the Master is directed to record the evidence in TOS.No.31 of 2019 as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order.

05.12.2022 dna https://www.mhc.tn.gov.in/judis