S.Thangavelu v. Mr.S.Kumar And 6 Others

A.No.1216 of 2023 in O.P.No.785 of 2017 A.No.1216 of 2023 in O.P.No.785 of 2017 SENTHILKUMAR RAMAMOORTHY, J.

By this application, the petitioner seeks to reopen the evidence and examine Mr.N.Sudharsan, who was one of the attesting witnesses of the Codicil dated 18.12.1998.

2.In the affidavit in support of this application, it is stated that the petitioner had proposed to examine one of the attesting witnesses, Sri.R.Sundarrajan. The said attesting witness, Sri.R.Sundarrajan, passed away on 08.12.2020. Therefore, the present application is filed to reopen the evidence and examine Mr.N.Sudharsan.

3.Learned counsel for the 7th respondent opposed the application on the ground that Sri.R.Sundarrajan passed away as early as on 08.12.2020 and that this application has been filed belatedly. 4.In testamentary proceedings, the Will and Codicil is required to be proved by examining at least one attesting witness. This application is filed on the ground that the attesting witness whom the petitioner proposed to examine passed away while the petition was pending adjudication. In https://www.mhc.tn.gov.in/judis these circumstances, this application is liable to be and is hereby allowed. 1/2

A.No.1216 of 2023 in O.P.No.785 of 2017 SENTHILKUMAR RAMAMOORTHY, J.

ah 5.List the matter before learned Master Court on 13.03.2023, for recording evidence.

02.03.2023 ah A.No.1216 of 2023 in O.P.No.785 of 2017 https://www.mhc.tn.gov.in/judis 2/2