Chandrakanth B.Davey v. Latha G.Soni And 4 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL AND OP NO. 613 OF 2024

1. Chandrakanth B.Davey Applicant(s) Vs

1. Latha G.Soni and 4 others Respondent(s) OP No. 613 of 2024

1. Chandrakanth B.Davey

Petitioner(s) Vs

1. Latha G.Soni and 4 others Respondent(s) PRAYER To permit the Petitioner to examine Mr.Bhagavatlal Davey regarding the due execution and registration of the said Will by the deceased Mr.Chotalal Davey. OP No. 613 of 2024 PRAYER that a Letter of Administration with the Will annexed may be granted to him as the beneficiary/Grandson under the Will of the said deceased having limited effect within the State of Tamil Nadu, Gross Amount of Rs.1,69,18,000/- and Net Amount of Rs.1,69,18,000/- Suc.duty of Rs.25,000/- paid on 12.11.2024 by e-C/F D.No.43433/2024.

For Petitioner M/s Shah and Shah For Respondent -3 Mr.T. Vadhana

For Respondent -5 For Respondent,1,2 & 4 Mr.Dhilip Kumar Notice served no appearance

ORDER

This application is filed by the plaintiff to permit the petitioner to examine Mr.Bhagavatlal Davey regarding the due execution of the will by the deceased Mr.Chotlal Davey.

2. According to the plaintiff both the attesting witness are no more and therefore they want to examine the witness to identify the signature of the attestor as well as the testator in the will. Therefore, they filed this application to examine the above said witness to identify the signature of the deceased who had executed the will.

3. The learned counsel for the respondent has no objection in allowing this application.

4. Considering the reasons stated in the affidavit and in order to give a fair chance to prove the will in accordance with law this application is allowed and the matter is referred to the learned Master for recording evidence on 05.01.2026.

18-12-2025 smn Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Latha G.Soni and 4 others

P.DHANABAL J.

smn AND OP NO. 613 OF 18-12-2025