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Madras High CourtA/4340/2025disposed of

R.Mohan Ram Alias Mohan Ram Rajaram v. K.R.Venkateswaran And 8 Others

2025-10-15Honourable Mr.Justice P. Dhanabal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-10-2025

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL A No. 4340 of 2025 in O.P.No.80 of 2024 R.Mohan Ram alias Mohan Ram Rajaram aged about 69 years, S/o.late P.K.Rajaraman, No.2/382, N Block, 19th Street, Anna Nagar East, Chennai 600 102. Tamil Nadu.

..Applicant(s) Vs

1. K.R.Venkateswaran

2. Sreedharan Mohan Ram,

3. M.Renuka Devi

4. Revathi

5. Mithran,

6. Balaji,

7. Deepa,

8. Rekha,

9. Reena ..Respondent(s)

Receive and accept the affidavit of Mr.Veerasamy in lieu of the affidavit of attesting witnesses on the will dated 15/12/1999 of the testator. For Applicant(s):

Mr.Karthikeyan Sekar For Respondents:

No Appearance

ORDER

O.P.No.80 of 2024 has been filed seeking to probate the Will dated 15.12.1999. Pending OP, the applicant/petitioner has filed this application seeking to receive and accept the affidavit of Mr.Veerasamy in lieu of the affidavit of attesting witnesses of the Will dated 15.12.1999 of the testator.

2. The learned counsel for the applicant/petitioner would submit that despite taking several efforts, the petitioner could not trace the attesting witnesses of the Will dated 15.12.1999. In order to prove the signature of the attesting witnesses and the testator on the Will, the petitioner wanted to examine one Mr.Veerasamy, who is well acquainted with the signature of the testator and the Ist of the Will dated 15.12.1999. Therefore, the present application has been filed with a prayer cited supra.

3. Considering the submission made by the learned counsel for the applicant and also the facts and circumstances of the case, the applicant/petitioner is permitted to examine Mr.Veerasamy as one of the witnesses in this case, accordingly, this petition is disposed of. Post the matter before the learned Master for recording evidence on 06.11.2025.

15-10-2025 Index: Yes/No Speaking/Non-speaking order RKM

P.DHANABAL, J.

RKM 15-10-2025