The court dismissed an application seeking the appointment of an Advocate Commissioner to record evidence of Mr. V. Periasamy, noting that evidence had already been recorded and filed without cross-examination due to respondent consent.
Application closed. Petitioners directed to pay Rs. 15,000 additional remuneration to the Advocate Commissioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 17TH DAY OF JANUARY 2018 THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
A.No. 4401 OF 2017 In O.P.No.48 OF 2014
In the matter of Indian Succession Act, 1925, (Act 39 of 1925) And In the matter of the Certified copy of the Last will and testament of Mr.V.PERIASAMY son of Late Mr.Vaithilingam Pillai Deceased.
1.Mr.P.Balakrishnan, S/o Mr.V.Periasamy, AA-30, 3rd Street, Anna Nagar, Chennai – 600 040. 2.Mr.P.Thiyagarajah @ Arumugam, S/o Mr.V.Periasamy, AA-5, Anna Nagar, Tiruchirapalli – 620 017.
...Applicants/Petitioners
..Vs..
1.Mr.P.Radhakrishnan, S/o Mr.V.Periasamy, No.16, Ridgeway Place, Colombo – 4, Sri Lanka.
2.Mrs.Maheswari Devarathnam, D/o Mr.V.Periasamy, No.3/1, Bambalapituja Terrace, Colombo-4, Sri Lanka.
3.Mrs.Saroja Sankralingam, D/o Mr.V.Periasamy, Y77, 6th Street, Anna Nagar, Chennai – 600 040.
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4.Mrs.Manohari Nadarajah, D/o Mr.V.Periasamy, No.22/2, Frankfurt Place, Colombo – 4, Sri Lanka.
5.Mrs.Saradha Maniccawasagar, D/o Mr.V.Periasamy, 15/10, 25th Lane, (Off Green Path), Colombo – 3, Sri Lanka.
6.Mrs.Saraswathy Nagalingam, D/o Mr.V.Periasamy, No.18-1/1, Ridgeway Place, Colombo – 4, Sri Lanka.
7.Mrs.Narmada Thiyagarajah, W/o Late Mr.P.Thiyagarajah, No.9, Herbert Street, Mt.Waverley, Victoria-3149, Australia.
8.Master Gajan Thiyagarajah, S/o Late Mr.P.Thiyagarajah, Rep by mother and next friend, Mrs.Narmada Thiyagarajah, No.9, Herbert Street, Mt.Waverley, Victoria-3149,
9.Miss Shivani Thiyagarajah, D/o Late Mr.P.Thiyagarajah, Rep by mother and next friend, Mrs.Narmada Thiyagarajah, No.9, Herbert Street, Mt.Waverley, Victoria-3149, Australia. ...Respondents/Respondents
Application praying that this Hon'ble Court be pleased to appoint an Advocate Commissioner to record evidence of Mr.V.Periasamy, son of Mr.V.RM.Veerappa Pillai at his residence being C-118, 11B Cross, Thillainagar, Tiruchirapalli 620018.
This Application coming on this day before this Court for hearing in the presence of Mr.Rajnish Pathiyil, Advocate for the applicant herein and Mr.A.P.Vivekananthan,
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Advocate Commissioner appearing in person and upon reading the order herein dated 02.01.2018, the court made the following order:-
Very appreciably the Advocate Commissioner had recorded evidence of PW-2 at Trichy and also filed the proof affidavit. Since the respondents have already filed their consent affidavit, there was no cross examination of the said witness. The evidence is taken on file. Consequently, this Application is closed.
2. The petitioners are directed to pay additional remuneration of Rs.15,000/- directly to the Advocate Commissioner A.P.Vivekanandan, who is Advocate at Trichy.
WITNESS THE HON'BLE MS.INDIRA BANERJEE, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 17 th DAY OF JANUARY 2018.
Sd/ASSISTANT REGISTRAR(OS-II)
//Certified to be true copy//
Dated at Madras this the day of 2019.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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MU
25.06.2019
A.No. 4401 OF 2017 In O.P.No.48 OF 2014
ORDER
DATED :17.01.2018
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
FOR APPROVAL: 27.06.2019
APPROVED ON: 28.06.2019
Copy to:-
Mr.A.P.Vivekananthan, Advocate Commissioner, Enr.No.263/1987, residing at No.42, Chinna Saurastra Street, Worayer, Trichy -3. Mobile No.9488600060.
Mr. P. Balakrishnan @ Periasamy
Mr. P. Thiyagarajah
Mr. P. Radhakrishnan
Mrs. Maheswari Devarathnam
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
