A. No. 1694 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-06-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A. No. 1694 of 2026 in O.P. No. 677 of 2023 1. D.Balamani W/o.R.Deivasigamani, 2. D.Balaji S/o.R.Deivasigamani, 3. D.Parthiban S/o.R.Deivasigamani, 4. D.Suresh S/o.R.Deivasigamani, 5. D.Dhanalakshmi D/o.R.Deivasigamani, 6. D.Vijayalakshmi D/o.R.Deivasigamani, 7. J.Padma W/o.R.Jayaraman, 8. J.Adilakshmi D/o.R.Jayaraman, 9. J.Malini D/o.R.Jayaraman, 1/5 https://www.mhc.tn.gov.in/judis A. No. 1694 of 2026 10.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 1. A.Suseela 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) To permit the Applicants to bring the third party namely Kanthappan, S/o.Ganesan to give evidence regarding execution of the Will dated 11/12/1981 of Pattammal. For Applicant(s): M/S.R. Rajesh P.Sankaranarayanan For Respondent(s): Mr.K.A.Mariappan for R1 to R3. ORDER This application has been filed seeking permission to examine Kanthappan, son of Ganesan, as third-party witness regarding the execution of the Will dated 11.12.1981 said to have been executed by late Pattammal. 2/5 https://www.mhc.tn.gov.in/judis A. No. 1694 of 2026 2. The original petition is filed for grant of Letters of Administration with the Will annexed. The petitioners state that Pattammal executed a registered Will dated 11.12.1981, registered as Document No.54 of 1981, and that the attesting witnesses to the Will were B. Perumal Pillai and M. Durairaj. 3. The petitioner state that D.Balaji has already been examined as PW1 and has marked the original Will as Ex.P1 and other connected documents. The petitioners state that steps were taken to summon the attesting witnesses, but they could not be secured. The petitioners have also produced the death certificate of Perumal Pillai, one of the attesting witnesses. The proposed witness Mr. Kanthappan claims to be the scribe of the will. 4. From the affidavit, it appears that when the petitioner sought to examine the scribe of the Will as a witness, the learned Additional Master was reluctant to permit the petitioner to examine the scribe on the ground that the said witness is not an attestor. It is for the petitioner to decide whom to examine as a witness in the absence of attesting witnesses, as contemplated under Section 69 of the Indian Evidence Act, 1872. 3/5 https://www.mhc.tn.gov.in/judis A. No. 1694 of 2026 5. At this juncture, without adverting to the merits of the case, this Court is inclined to allow the petition. Accordingly, the petitioner is permitted to examine Mr. Kanthappan, son of Ganesan, the scribe of the Will dated 11.12.1981, and also any other witness or witnesses in this regard. 6. Thus, Application No.1694 of 2026 is ordered. No costs. 22-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AY 4/5 https://www.mhc.tn.gov.in/judis A. No. 1694 of 2026 DR.A.D.MARIA CLETE, J. AY A. No. 1694 of 2026 in O.P. No. 677 of 2023 22-06-2026 5/5 https://www.mhc.tn.gov.in/judis