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2025 DAILYLAW 109786 (MAD)

Saroja Bai and another v. A.R.Jayalingam

A/338/2025 · 2025-02-04

A A Nakkiran

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A No.338 of 2025 in T.O.S No.38 of 2018 and A.No.339 of 2025 in T.O.S No.47 of 2018 A.A.NAKKIRAN, J. A.No.338 of 2025 is filed by the applicants/defendants to eschew the evidence of PW1 in T.O.S No.38 of 2018 recorded on 28.10.2024, consequently direct the respondent/plaintiff to prove the Will dated 24.04.2024 through the attesting witness therein complying to Section 68 of the Indian Evidence Act. A.No.339 of 2025 is filed by the applicants/defendants to eschew the evidence of PW1 in T.O.S No.47 of 2018 recorded on 28.10.2024, consequently direct the respondent/plaintiff to prove the Will dated 10.04.2003 through the attesting witness therein complying to Section 68 of the Indian Evidence Act. 2. The learned counsel for the respondent/plaintiff has no objection in allowing these two applications. 3. In view of no objection given by the respondent/plaintiff and having satisfied with the reasons stated in the affidavits filed in support of the applications, these two applications are allowed. 04.02.2025 uma Note: The Registry is directed to list the matter before the Additional Master-II for recording evidence on 12.02.2025. https://www.mhc.tn.gov.in/judis A.A.NAKKIRAN, J. uma A No.338 of 2025 in T.O.S No.38 of 2018 and A No.339 of 2025 in T.O.S No.47 of 2018 and 04.02.2025 https://www.mhc.tn.gov.in/judis