Thiru P Vijayakumar Alias Vijaykumar Perumalswamy Naidu v. Vandana Ashok Kumar
Case brief
What is this about?
IA 3830/2025 in Testamentary Suit 126/2021, Bombay HC (Testamentary & Intestate), Milind N. Jadhav J., decided 10-10-2025: Rule 384 affidavit of person knowing execution of Grant permitted within 4 weeks; reverification dispensed; trigger — executor-witness unavailable after incomplete testimony (translation issue); Respondents' objection (second executor 'no knowledge') rejected, to be tested via cross-examination; Court Commissioner to finish cross-examination in 6 weeks and file report; Court Room No. 34 / High Court premises may be used; Applicant: Thiru P. Vijayakumar alias Vijaykumar Perumalswamy Naidu; Respondents: Vandana Ashok Kumar and Anr.; Advocates: Rishabh Shah & Anshul Anjarlekar (Applicant), Aditya R. Mokashi (Respondent).
What did the court decide?
Permission in terms of prayer clause (a) to file an affidavit under Rule 384 of a person having knowledge of the execution of the Grant, within four weeks, with reverification dispensed with; the appointed Court Commissioner directed to complete the witness's cross-examination within six weeks thereafter and file a completion report; advocates to coordinate, with conduct permissible in High Court premises / Court Room No. 34; liberty to apply if completed early.