known to them. During the pendency of O.P.No.953 of 2019, the other attesting witness, namely, V.Krishnamoorthy, died on 04.05.2021 on account of Covid-19. The said K.Sankaran Kutty, who was examined as P.W-1 at his residence, has deposed that V.Krishnmoorthy died in May 2021 on account of Covid-19. The said K.Sankaran Kutty, aged about 80 years, has sworn to a proof affidavit dated 26.10.2021 deposing that he is aware of the signature of the deceased testator, M.R.Krishnamurthy, who has subscribed his signature in the original Will dated 22.07.2013, under which, the petitioners are the beneficiaries. Therefore, after considering the aforementioned evidence, this Court is of the considered view that the petitioners have given proper explanation for not having examined the attesting witnesses to the Will dated 22.07.2013. In the place of the attesting witnesses, they have examined K.Sankaran Kutty, aged about 80 years to confirm that the Will was in fact executed by M.R.Krishnamurthy in favour of the petitioners. This Court is convinced with the reasons given by the petitioner for non-examination of the attesting witnesses. The said K.Sankaran Kutty has also deposed through his affidavit that he knows the testator M.R.Krishnamoorthy for more than 50 years and he used to meet him twice a day during morning and evening walk and personal problems https://hcservices.ecourts.gov.in/hcservices/ were also shared between them, when he was alive.
