Allowed

Smt.Akila Vijayakumar v. Smt.Saraswathy Bhuvarahan and 2 others

Madras HC6 Oct 2021A/1934/2021

Case brief

AI extract

What is this about?

Court allowed applicant's request to file additional proof affidavit and documents in probate proceedings. Extension of time granted under Sec 151 CPC due to Covid lockdown. Witness examination adjourned for continuation.

What did the court decide?

Application to file additional proof affidavit and documents allowed. Time extended for completing evidence recording. Parties directed to appear for continuation of witness examination.

Smt.Akila Vijayakumar Vs Smt.Saraswathy Bhuvarahan… — Succession and Inheritance | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(TESTAMENTARY AND INTESTATE JURISDICTION)

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WEDNESDAY, THE 06TH DAY OF OCTOBER 2021

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THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

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A.No.1934 of 2021 in T.O.S.No.1 of 2018 and C.S.No.193 of 2019

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A.No.1934 of 2021 in T.O.S.No.1 of 2018:

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In the matter of the Indian Succession Act XXXIX of 1925, and In the matter of Last Will and Testament of Mr.G.Dhuvarahan (Deceased)

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SMT.AKILA VIJAYAKUMAR W/o.Sri Vijayakumar No.1, Maharaja Surya Road, Alwarpet, Chennai-600018.

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..Applicant/Petitioner/Plaintiff

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-Vs-

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SMT.SARASWATHY BHUVARAHAN W/o.Late Sri.Bhuvarahan New No.78, Old No.6A, Sriman Srinivasan Road, Venus Colony, Alwarpet, Chennai-600018.

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https://hcservices.ecourts.gov.in/hcservices/

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SMT.UMA RAVI W/o.Sri.Ravishankar Old No.94, 4th Street, Abiramapuram, Chennai-600018.

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SMT.T.SRILATHA W/o.Sri.Tamilselvam No.15, 1st Cross Street, Natesan Nagar, Pondicherry-5.

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SMT.SRISUDHA GNANAPRAKASAM W/o.Sri.Gnanaprakasam No.25/19, F.D.Moorthy Road, Kumbakonam-612001. ..Respondents/Caveators/Defendants

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C.S.No.193 of 2019:

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SMT.SARASWATHI BHUVARAHAN W/o.Late Bhuvarahan, No.94, 4th Street, Abhiramapuram, Chennai-18

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SMT.UMA RAVI, W/o.G.Ravishankar, No.94, 4th Street, Abhiramapuram, Chennai- 18

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3.SMT.T. SRILATHA, W/o.S.Tamilselvan, No.15, 1st Cross Street, Natesan Nagar, Pondicherry-5

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https://hcservices.ecourts.gov.in/hcservices/

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SMT.G. SRISUDHA, W/o.V.Gnanaprakasam, No.25/19, F.D. Moorthy Road, Kumbakonam, Pin-612 001

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..Plaintiffs

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-Vs-

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SMT. AKILA VIJAYAKUMAR, W/o.Vijayakumar, No.1, Maharaja Surya Road, Alwarpet, Chennai-600 018

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MS.SUCHARITA VIJAYAKUMAR, D/o.Vijayakumar, No.1, Maharaja Surya Road, Alwarpet, Chennai-600 018

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MR.VIKRAM VIJAYAKUMAR S/o.Vijayakumar, No.1, Maharaja Surya Road, Alwarpet, Chennai-600 018 ..Defendants

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This application praying that this Hon'ble court be pleased to grant

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leave and permit the Applicant/ Plaintiff to file additional proof affidavit along with additional documents, set out in the schedule, to be marked as plaintiffs exhibits in TOS.No.1 of 2018.

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This application coming on this day before this court for hearing the court made the following order:

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https://hcservices.ecourts.gov.in/hcservices/

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This application is filed by the plaintiff in the probate proceedings

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seeking permission to file additional proof affidavit along with additional documents, which are indicated that they are in respect of criminal complaint, bail order, quash petition and counter statement of one Umaravi, who is the 2^nd defendant in the present suit and the expert opinion. They are all photocopies and therefore, the defendant's counsel states that subject to production of original or certified copy, proof and relevancy, these documents may be admitted into evidence.

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2. In view of Covid lockdown, the parties are not able to comply the time schedule fixed by the Division Bench. Taking note of the extraordinary situation and exercising the power under Section 151 of C.P.C., to meet the ends of justice, time is extended.

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3. It is stated by the learned senior counsel appearing for the plaintiff that PW.1 is in the witness box and in view of the subsequent application and other reasons, the examination of PW.1 could not be completed. Therefore, in the light of the above fact and in the light of the fact that the plaintiff has taken out an application to file additional documents and additional proof affidavit, the time fixed for completion of https://hcservices.ecourts.gov.in/hcservices/ recording evidence has become redundant. Hence the application is allowed

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and the parties are directed to appear before the Additional Master for

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continuation of examination of witnesses from 25.10.2021.

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Sd/.G.J.J. 06.10.2021

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//Certified to be a true copy//

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Dated this the day of 2021. Su.02.11.2021 COURT OFFICER(O.S.)

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From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

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https://hcservices.ecourts.gov.in/hcservices/

Smt.Akila Vijayakumar v. Smt.Saraswathy Bhuvarahan and 2 others

Case brief

What is this about?

What did the court decide?

Smt.Akila Vijayakumar v. Smt.Saraswathy Bhuvarahan and 2 others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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