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Madras High CourtA/5077/2025allowed

Dr.M.K.Radhakrishnan v. M.K.Ravikrishnan And 5 Others

2025-10-16Honourable Mr.Justice P. Dhanabal3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16.10.2025 Coram:

THE HONOURABLE MR.JUSTICE P.DHANABAL Application No.5077 of 2025 in O.P.No.117 of 2025 --- Dr.M.K.Radhakrishnan .. Applicant Vs.

1. M.K.Ravikrishnan

2. M.K.Ananthakrishnan

3. M.K.Bhuvana Rani

4. P.K.Narayanamurthy

5. N.Amarnath

6. N.Premnath .. Respondents Application filed under Order XIV Rule 8 of the Madras High Court Original Side Rules read with Section 69 of the Indian Evidence Act and Section 281 of the Indian Succession Act, seeking to permit the petitioner to adduce the evidence of Mr.Ramesh as third party witness in O.P.No.117 of 2025. For applicant : M/s.Shanas Fathima for M/s.P.V.S.Giridhar Associates For respondents: M/s.S.Shiva Shankari

ORDER

This application is filed to permit the applicant to examine one Mr.Ramesh, who is the third party to the proceedings as a witness. 1 / 3

2. According to the applicant, the Original Petition has been filed for grant of Letters of Administration, based on the Will, dated 15.07.2010 executed by one Mrs.Hemavathy.

3. The whereabouts of both the attesting witnesses to the Will, are not known to the applicant, and hence, they want to examine the witness who acquaintance with the signature of the testator as well as one of the attesting witness and hence, this application is filed.

4. The respondents have no objection.

5. Considering the reasons stated in the affidavit and also considering the facts and circumstances of the case, and in order to prove the Will in accordance with law, examination of the said witness Ramesh, is necessary.

6. Hence, this application is allowed.

7. List the Original Petition on 24.10.2025 before the concerned Master for examination of the said witness Ramesh.

16.10.2025 cs 2 / 3

P.DHANABAL, J cs A.No.5077 of 2025 in O.P.No.117 of 2025 16.10.2025 3 / 3