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D.Balamani and 9 others Vs a.Suseela and 2 others — Madras HC (2025) — LawSathi Research

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Madras HC
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D.Balamani and 9 others Vs a.Suseela and 2 othersD.Balamani and 9 others v. a.Suseela and 2 others

Allowed¶43

D.Balamani and 9 others v. a.Suseela and 2 others

Madras HC18 Dec 2025A/4370/2025

Case brief

AI extract

What is this about?

Madras High Court single-judge order (P. Dhanabal J., dated 18-12-2025) allowing interlocutory application A No. 4370 of 2025 in OP No. 677 of 2023 (Letters of Administration proceedings). Keywords: recall of P.W.1; marking of documents; death certificate of deceased attesting witness to a Will; revised proof affidavit; Ex.P.1 to Ex.P.13 already marked; leave to receive documents earlier allowed; respondent raised no objection; matter referred to Master for recording evidence on 12.01.2026; applicant side represented by M/s.R.Rajesh P.Sankaranarayanan, respondent by S.P.Sasi Kumar.

What did the court decide?

Application allowed: P.W.1 may be recalled so as to mark the documents (including the death certificate of the deceased attesting witness) and file a revised proof affidavit; the matter is referred to the Master for recording evidence on 12.01.2026.

Why is it important?

Since one of the attesting witnesses of the Will is no more, it is appropriate to recall P.W.1 and mark those documents (including the death certificate necessary to prove the death of the attesting witness). ¶41

What the court decided

AI extract

Outcome

Application allowed: P.W.1 may be recalled so as to mark the documents (including the death certificate of the deceased attesting witness) and file a revised proof affidavit; the matter is referred to the Master for recording evidence on 12.01.2026.

Issue for consideration

Whether the applicant in the main petition (OP No. 677 of 2023) for Letters of Administration may be permitted to recall P.W.1 so as to mark documents - including the death certificate proving the death of one of the attesting witnesses to the Will - and to file a revised proof affidavit.

Court's answer

Since one of the attesting witnesses of the Will is no more, it is appropriate to recall P.W.1 and mark those documents (including the death certificate necessary to prove the death of the attesting witness).

Ratio / Principle

The petition is accordingly allowed and the matter is referred to the Master for recording evidence on 12.01.2026.

Detailed headnote1 paragraphs

Madras High Court (P. Dhanabal J.), order dated 18-12-2025 in A No. 4370 of 2025 in OP No. 677 of 2023. The applicants in a petition pending for grant of Letters of Administration sought recall of P.W.1 to mark documents and to file a revised proof affidavit. P.W.1 had already been examined and Ex.P.1 to Ex.P.13 marked. The attesting witnesses of the Will are no more; to prove the death of one of them, marking of the death certificate was necessary. The respondent raised no objection to the application, and the applicant's earlier application for leave to receive the documents had been allowed. Holding it appropriate to recall P.W.1 and mark those documents, the Court allowed the petition and referred the matter to the Master for recording evidence on 12.01.2026.

A

A No. 4370 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

A No. 4370 of 2025 in OP NO. 677 OF 2023

D.Balamani and 9 others W/o.R.Deivasigamani,

D.Balaji S/o.R.Deivasigamani,

D.Parthiban S/o.R.Deivasigamani,

D.Suresh S/o.R.Deivasigamani,

D.Dhanalakshmi D/o.R.Deivasigamani,

D.Vijayalakshmi D/o.R.Deivasigamani,

J.Padma W/o.R.Jayaraman,

J.Adilakshmi D/o.R.Jayaraman,

J.Malini D/o.R.Jayaraman,

N.Kutty @ Sivaramakrishnan S/o.R.Nagabhushanam, Petitioners 1 to 10 are residing at No.190/92, Velachery Mani Road, Velachery, Chennai 600 042.

Applicant(s)

Vs

https://www.mhc.tn.gov.in/judis

A No. 4370 of 2025

A.Suseela and 2 others W/o.N.Anandan,

2.A.Karthick S/o.N.Anandan,

3.A.Jayashree D/o.N.Anandan, Respondents 1 to 3 residing at No.11/13, Gandhi Road, Velachery, chennai 600 042.

Respondent(s)

PRAYER

To Recall the PW1 so as to mark the documents and file revised proof affidavit.

A No. 4370 of 2025 For Applicant(s): M/s.R.Rajesh P.Sankaranarayanan For Respondent: S.P.Sasi Kumar

ORDER

This application has been filed by the applicant to recall the P.W1 to mark the documents.

2.According to the applicant, she is a applicant in the main petition and the same was pending for grant of Letters of Administrator. Already on the side

of the applicant P.W.1 was examined and Ex.P.1 to Ex.P.13 were marked.

The attesting witnesses of the Will is no more now and the applicant is

taking steps to examine the witnesses and in order to prove the death of one of

https://www.mhc.tn.gov.in/judis

A No. 4370 of 2025

the attesting witnesses marking of the death certificate is necessary and

therefore the applicant want to file those documents.

The respondent has no objection in allowing this application.

Already the applicant has filed an application to grant leave to receive

the documents and the same was allowed.

Since one of the attesting witnesses is no more it is appropriate to to

recall P.W.1 and mark those documents.

Accordingly, this petition is allowed and the matter is referred to

Master for recording evidence on 12.01.2026.

18-12-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

https://www.mhc.tn.gov.in/judis

A No. 4370 of 2025

A No. 4370 of 2025

To

1.A.Suseela and 2 others W/o.N.Anandan,

2.A.Karthick S/o.N.Anandan,

3.A.Jayashree D/o.N.Anandan, Respondents 1 to 3 residing at No.11/13, Gandhi Road, Velachery, chennai 600 042.

https://www.mhc.tn.gov.in/judis

A No. 4370 of 2025

P.DHANABAL J.

smn

A No. 4370 of 2025 In OP NO. 677 OF 2023

18-12-2025

2/2

https://www.mhc.tn.gov.in/judis

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the applicant in the main petition (OP No. 677 of 2023) for Letters of Administration may be permitted to recall P.W.1 so as to mark documents - including the death certificate proving the death of one of the attesting witnesses to the Will - and to file a revised proof affidavit.¶26
The court held
Since one of the attesting witnesses of the Will is no more, it is appropriate to recall P.W.1 and mark those documents (including the death certificate necessary to prove the death of the attesting witness).ratio¶41

Procedural history

How this case reached the court

AI extract

Prior proceeding
Main petition OP No. 677 of 2023 filed by the applicant, pending for grant of Letters of Administration.¶30
Prior proceeding
On the applicant's side, P.W.1 had already been examined and exhibits Ex.P.1 to Ex.P.13 marked.¶31
Prior proceeding
The applicant had earlier filed an application seeking leave to receive the documents, which was allowed.¶40

Parties & counsel

AI extract

applicant
D.Balamani¶7
M/s.R.Rajesh P.Sankaranarayanan
applicant
D.Balaji¶8
M/s.R.Rajesh P.Sankaranarayanan
applicant
D.Parthiban¶9
M/s.R.Rajesh P.Sankaranarayanan
applicant
D.Suresh¶10
M/s.R.Rajesh P.Sankaranarayanan
applicant
D.Dhanalakshmi¶11
M/s.R.Rajesh P.Sankaranarayanan
applicant
D.Vijayalakshmi¶12
M/s.R.Rajesh P.Sankaranarayanan
applicant
J.Padma¶13
M/s.R.Rajesh P.Sankaranarayanan
applicant
J.Adilakshmi¶14
M/s.R.Rajesh P.Sankaranarayanan
applicant
J.Malini¶15
M/s.R.Rajesh P.Sankaranarayanan
applicant
N.Kutty @ Sivaramakrishnan¶16
M/s.R.Rajesh P.Sankaranarayanan
respondent
A.Suseela¶21
S.P.Sasi Kumar
respondent
A.Karthick¶22
S.P.Sasi Kumar
respondent
A.Jayashree¶23
S.P.Sasi Kumar

Coram

AI extract

P. DHANABALauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 18 Dec 2025 · December
Registered: 1 Sept 2025
Case no.: A/4370/2025
CNR: HCMA011989522025
Bench: P. Dhanabal
Disposal: ALLOWED
Case type: A No.

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Cite this judgement

D.Balamani and 9 others v. a.Suseela and 2 others, A/4370/2025 (MAD), decided on 18 December 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

Main petition OP No. 677 of 2023 filed by the applicant, pending for grant of Letters of Administration.
On the applicant's side, P.W.1 had already been examined and exhibits Ex.P.1 to Ex.P.13 marked.

View full history

Bench / Coram

P. DHANABAL

Parties & counsel