V.K.Vijayakumaran Vs v.K.Hemachandran and 4 others

V.K.Pushkala W/o. Late G.Satheesh Kumaran Nair, D/o. Late Krishnan Kutty, Srihari Apartments, Door No.11, Ist Floor, Thirumalai Nagar, Perungudi, Chennai 600 114.

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..Respondent(s)

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To appoint an Advocate Commissioner to examine the witness, namely Mr.G.Venu, aged 75 years son of Late Gopinathan Nair, Beena Mandiram, Chengamanad Village and Post, Aluva Taluk, Ernakulam District, State of Kerala 683 578 and to file a record of deposition unto this court in O.P.No.65 of 2025 on the file of this Court.

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For Applicant(s): M/S.R. Selvakumar S.Sri Devi For Respondent(s): Mr.B.Arul Murugan.

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ORDER

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This application has been filed to appoint an Advocate Commissioner to examine the witness, namely Mr.G.Venu, aged 75 years son of Late Gopinathan Nair, Beena Mandiram, Chengamanad Village and Post, Aluva Taluk, Ernakulam District, State of Kerala 683 578 and to file a record of deposition unto this court in O.P.No.65 of 2025 on the file of this Court.

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

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A.No.2293 of 2026

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The learned counsel appearing for the applicant submitted that the attesting witness sought to be examined is aged about 75 years and he is not in a position to travel from Ernakulam to Chennai due to his advanced age and common ailments and thus seeks to appoint an Advocate Commissioner for recording his evidence at

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his residence.

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The learned counsel appearing for the respondents submits that he has got no serious objection in allowing this application.

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Considering the submission made by the learned counsel appearing for the applicant and taking note of the fact that it is not denied or disputed, this Court is inclined to appoint an Advocate Commissioner. Accordingly, Ms.R.Sumithra Chakkaravarthi, New No.257, Old No.125, 5^th floor, canara bank building, Angappa Naicken Street, (Opp., to High Court), Chennai – 600 001 Email: [email protected] is appointed as Advocate Commissioner for the limited purpose of recording evidence of Mr.G.Venu, aged 75 years son of Late Gopinathan Nair, Beena Mandiram, Chengamanad Village and Post, Aluva Taluk, Ernakulam District, State of Kerala 683 578. The applicant shall make all

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

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A.No.2293 of 2026 necessary arrangements for secretarial assistance and transportation for the Advocate Commissioner. Registry is directed to do the needful so as to enable the Advocate Commissioner to record the evidence and mark the documents. The remuneration of the Advocate Commissioner is fixed at Rs. 50,000/-. The applicant shall pay the Advocate Commissioner’s fee directly to the Advocate Commissioner. The Advocate Commissioner is further directed to record the evidence without causing any unnecessary delay, having regard to the fact that the witness is an aged and sick person, and to file the recorded evidence along with a report of proceedings forthwith before this Court.

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