Kumar R.(Deceased) 1.Mr.V.Mohanakrishnan And 4 Others v. T.A.S.Jawahar Ayya And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05-11-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL A No.5012 of 2025 Mr.R.Kumar, (Deceased) 1.Mr.V.Mohanakrishnan, 2.K.Padmini Kumar, 3.K.Ganeshan, 4.K.Jaiprabhoo, 5.K.Chalini, ...Applicants/Plaintiffs Vs

1. T.A.S.Jawahar Ayya 2.Mr.Vinod Velappan 3.Mr.S.Suriya Narayanan 4.Mrs.Mythili Subramaniam

...Respondents/Defendants

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For Applicants:

M/s.K.V.Sundararajan For Respondents:

No appearance for R1 and R2 Mr.K.Chandrasekaran for R3 and R4

ORDER

This application has been filed by the applicants/plaintiffs to summon the witness, namely Mr.R.Raja Gopal, S/o.C.Ramalingam, to examine him as one of the witnesses in the main Suit, viz., C.S.No.431 of 2019.

2. According to the applicants, they are the plaintiffs in the main Suit and they have filed the Suit for the relief of recovery of money based on the Mortgage Deed and already the case is posted for trial, and they examined P.W.1, and now they want to examine the attesting witness in the Mortgage Deed. Therefore, they filed this application to examine the attesting witness, namely Mr.R.Raja Gopal, S/o.C.Ramalingam, as one of the witnesses in the main Suit.

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3. The other side has not raised any serious objection.

4. Considering the reasons stated in the affidavit and the witness is one of the attesting witnesses in the Mortgage Deed and his evidence is very essential to prove the case, and considering the other facts and circumstances of the case, this application is allowed.

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P.DHANABAL,J.

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