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Madras High CourtA/5397/2023ordered

V.Suresh And Another v. Shanthi Shanmugam

2023-10-13Honourable Mr Justice N. Sathish Kumar2 pages

A.No.5397 of 2023 in O.P. No.645 of 2022 N.SATHISH KUMAR, J.

This application has been filed for appointment of an Advocate Commissioner to record the evidence of the witness who was present at the time of execution of the Will by the Testator.

2. The applicants have filed the Original Petition for grant of letters of administration in their favaour. The learned counsel appearing for the applicant submitted that the whereabouts of both the attesting witnesses are not known the applicants and their paternal uncle who was present at the time of the executing the will is aged and he is not in a position to give evidence before this Court. Hence, an Advocate Commissioner may be appointed for recording the evidence of the said witness.

3. In view of the submissions of the learned counsel for the petitioner, Mr.G.Surya Narayanan, No.107, Law Chambers, High Court, Chennai - 600 104, Mobile No.9790917003 is appointed as an advocate https://www.mhc.tn.gov.in/judis

N.SATHISH KUMAR, J.

vrc commissioner for recording evidence of T.Balakrishnan. The remuneration Commissioner is fixed at Rs.15,000/- and the same shall be paid by the petitioners directly to the Advocate Commissioner. The Advocate Commissioner shall file the evidence of the witness along with his report before this Court by 04.11.2023.

13.10.2023 vrc A.No.5397 of 2023 in O.P. No.645 of 2022 https://www.mhc.tn.gov.in/judis