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Madras High CourtA/385/2024ordered

Ananthakrishnan B v. B.Shanthi

2024-01-23Honourable Mr Justice N. Sathish Kumar1 pages

A.No.385 of 2024 in O.P.DR No.18667 of 2023 N.SATHISH KUMAR. J, This application has been filed to dispense with the appearance of the verifying witness/attesting witness in the above Original Petition.

2. The Original Petition has been filed with a certified copy of the Will and thereafter a citation was issued to the respondent to produce the Will and the Will has been produced as per the Order of this Court and deposited before this Court. The grievance of the petitioner is that one of the attesting witness in the Will is now residing in Australia and she is not able to come to India at present. Therefore, seeks to dispense the presence of the attesting witness since the presence of the attesting witness for filing verifying affidavit for the purpose of numbering the Original Petition.

3. Considering the fact that the attesting witness is now residing in Australia, the presence of the attesting witness is dispensed with for the present. The registry is directed to number the Original Petition, if it is otherwise, in order and post before this Court on 12.02.2024 along with C.S.No.238 of 2022.

https://www.mhc.tn.gov.in/judis vrc 23.01.2024