Allowed¶26

E.Manoharan v. E.Malathi and 4 Others

Madras HC29 Jan 2026A/402/2026

Case brief

AI extract

What is this about?

Examination of infirm/aged (82-year-old) attesting witness through Advocate Commissioner; appointment of Advocate Commissioner to record evidence as P.W.2; commission fee Rs.25,000 payable by petitioner; no objection by respondents; Madras High Court; P. Dhanabal J.; A No. 402 of 2026 in OP No. 105 of 2025; next date 23.02.2026.

What did the court decide?

Appointment of Mr.Sashank P.Srinivas as Advocate Commissioner to record the evidence of attesting witness S.Saraswathy as P.W.2, on the petitioner paying a commission of Rs.25,000/- directly to the Commissioner; matter posted to 23.02.2026. ¶26

E.Manoharan Vs E.Malathi and 4 Others — Madras HC (2026) — LawSathi Research

¶1

A No. 402 of 2026

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 29-01-2026

¶4

CORAM

¶5

THE HON'BLE MR.JUSTICE P. DHANABAL

¶6

A No. 402 of 2026 and OP No. 105 of 2025

E.Manoharan

..Applicant

E.Malathi

¶11

E.Manishankar

¶12

M.Sashi Rega

¶13

M.Madan Raj

¶14

5. Minor M.Kanish

¶15

..Respondents

¶16

Prayer in Application No.402 of 2026: To issue a commission through Advocate Commissioner to examine the said attesting witness, S.Saraswathy, residing at No.127/55, Kandasami Koil Street, Kospet, Chennai 600 012, the attesting witness as P.W.2.

¶17

For Applicant: Ms.B.Aparna Sundar For R1 to R5: Mr.K.S.Ramamurthy

¶18

ORDER

¶19

This application has been filed to issue a commission through Advocate

¶20

Commissioner to examine the attesting witness as P.W.2, S.Saraswathy.

¶21

Page1 of 3

¶22

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

¶23

A No. 402 of 2026

¶24

The Applicant is the petitioner in the main petition, has filed this

¶25

petition. Already P.W.1 has been examined and now the attesting witness as P.W.2 has to be examined. The said attesting witness as P.W.2 is aged about 82 years and therefore she is unable to physically appear before the Court. Therefore, the petitioner has filed this application to examine the attesting witness through an Advocate Commissioner.

¶26

Considering the reasons stated in the affidavit and no objection for the present petition on the part of the respondents, it is appropriate to allow this petition. Accordingly, this petition is allowed. Mr.Sashank P.Srinivas is appointed as Advocate Commissioner to record the evidence of the attesting witness as P.W.2. The petitioner is directed to pay a commission of Rs.25,000/to the Advocate Commissioner directly to record the evidence.

¶27