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Madras High CourtA/5378/2025allowed

Suchandrika Balachander v. G.C.Padmini And Another

2025-11-06Honourable Dr.Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE DR.JUSTICE R.N.MANJULA in TOS No.31 of 2003

1. Suchandrika Balachander W/o.Balachandar, No.52. Old No.17, Rajabather Street, T.Nagar, Chennai 600 017.

Applicant(s) Vs

1. G.C.PADMINI and another No.77, Rama Naicken Street, Nungambakkam, Chennai 600 034 2.Minor Sireddha alias Baby Yamini Rep.by Mother and Natural Guardian G.C.Padmini, No.77, Rama Naicken Street, Nungambakkam, Chennai 600 034.

Respondent(s)

PRAYER: Application is filed to record the evidence of the Plaintiff side witness namely N.Dhandapani Son of Nadesan residing at No.5/469, Vengadesapuram Kenal, Kottivakkam, Thiruvanmiyur, Chennai 600 041 as PW3 in the suit T.O.S.No.31 of 2003.

For Applicant(s):

M/.M.H. Peer Mohammed For Respondent(s):

M/s.K.Shanmugakani For R1 and R2

ORDER

This application is filed to appoint an Advocate Commissioner to record the evidence of the plaintiff side witness namely N.Dhandapani Son of Nadesan residing at No.5/469, Vengadesapuram Kenal, Kottivakkam, Thiruvanmiyur, Chennai 600 041 as PW3 in the suit T.O.S.No.31 of 2003

2. It is submitted by the learned counsel for the applicant that the said N.Dhandapani is suffering from bilateral foot infection, severe diabetic neuropathy / peripheral and autonomic. He is not in a position to travel as he is wheel chair bound. Hence, this Court may allow this application and appoint an Advocate Commissioner to record the evidence of the N.Dhandapani as P.W.3, in his residence.

3. The learned counsel for the respondents have no serious objection in allowing this application.

4. Accordingly, this application is allowed and Ms.N.Gomathi, Advocate having office at No.13/2, Sri Ragavendra Nagar, Kolathur, Chennai - 600 099 (Mobile: 9894360054) is appointed as an Advocate Commissioner to record the evidence of Mr.N.Dhandapani S/o. Nadesan as P.W.3, in house at No.5/469, Vengadesapuram Kenal, Kottivakkam, Thiruvanmiyur, Chennai 600 041 as PW3.

5. The remuneration of the Advocate Commissioner is fixed at Rs.20,000, which shall be borne by the applicant.

06-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn

R.N.MANJULA J.

bkn in TOS No.31 of 2003 06-11-2025