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2026 DAILYLAW 56771 (MAD)

PRABHA NAGARAJAN and 10 others v. No Respondent

A/1829/2026 · 2026-07-28

A D Maria Clete

Transfer Petitionbody2026

Judgment text

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A No. 1829 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A No. 1829 of 2026 in OP.No.183 of 2025 1. PRABHA NAGARAJAN W/o. Nagarajan Mahadevan F-138, 7th Street, Anna Nagar East, Chennai 102. 2. Kala Sampath @ Sooryakala W/o. Sampath, Flat No.202, Suma Splendour, Raj Bhavan Road, Somajiguda, Hyderabad 500 082. 3. Suresh Varadharajan No.55, Prospect Hill Road, Camberwell 3124, Melbourne, Victoria, Australia. 4. Smitha Shankar W/o. Chetan Babu Velkur, A-301, Sterling Residency, RMV 2nd Stage, 5th Main Banglore 560 094. 5. Preethi Udayashankar W/o. Alvine Ethan Lyngwa, 208-B, Wing, Golden Rays CHSL, Raheja Vihar, Chandivali, Powai, Mumbai 400 072. 6. Pranathi Leela Nagarajan W/o. Markos Koemtzopoulos Doiranis No.17, Agia Paraskevi, Athens, 15341, Greece. https://www.mhc.tn.gov.in/judis A No. 1829 of 2026 __________ Page2 of 6 7. Aditya M.Nagarajan S/o. Nagarajan Mahadevan, F-138, 7th Street, Anna Nagar East, Chennai 102. 8. Nikita Sampath D/o. Sampath Subramaniam, 115, Highland Avenue, Somerville, Massachusetts, USA. 9. Sachin Varadharajan S/o. Suresh Varadharajan, No.55, Prospect Hill Road, Camberwell - 3124, Melbourne, Victoria, Australia. 10.Maya Varadharajan D/o. Suresh Varadharajan, No.55, Prospect Hill Road, Camberwell - 3124, Melbourne, Victoria, Australia. 11.Manali Varadharajan D/o. Suresh Varadharajan, No.55, Prospect Hill Road, Camberwell - 3124, Melbourne, Victoria, Australia. (Petitioners 2 to 11 are represented by their power of attorney Agent/1st Petitioner Prabha Nagarajan ) ..Applicant(s) Vs No Respondent Nil ..Respondent(s) https://www.mhc.tn.gov.in/judis A No. 1829 of 2026 __________ Page3 of 6 Prayer: This application is filed under Oder XIV Rule 8 of the Madras High court Original side Rules read with Order XXVI Rule 2 of CPC, praying to Order appointing an Advocate Commissioner for recording the evidence of Mrs.Chandra Gandhi as PW2 in her present residence at 56/C/D, Police Station Road, Jolarpet, Thirupathur District 635 851. For Applicant(s): M/S.P. Dinesh Kumar ORDER This application has been filed seeking appointment of an Advocate Commissioner to record the evidence of Mrs. Chandra Gandhi as P.W.2 at her residence bearing No.56/C/D, Police Station Road, Jolarpet, Tirupattur District– 635 851. 2. The petitioners seek Letters of Administration in respect of the Will dated 08.02.1999 and the Codicils dated 09.03.2000 and 26.08.2006 executed by late Justice A. Varadarajan. P.W.1 has already been examined and the original testamentary documents have been marked as Exs.P1 to P3. Mrs. Chandra Gandhi is stated to be an attesting witness to the Will dated 08.02.1999 and the Codicil dated 09.03.2000, and her evidence is material for proving their execution. https://www.mhc.tn.gov.in/judis A No. 1829 of 2026 __________ Page4 of 6 3. It is stated that the proposed witness is aged about 69 years, is under continuous medical treatment and has been advised not to undertake long- distance travel. Considering her age, medical condition and the necessity of her evidence, this Court is of the view that the application deserves to be allowed. 4. Accordingly, A.No.1829 of 2026 is allowed. Mr. E. Reegan Amara Sekaran, Advocate Enrollment No. Ms. 2248/06, Cell No. 9952994546. Email id: ronald4reegan@gmail.com, is appointed as Advocate Commissioner to visit the residence of the witness, namely, Mrs. Chandra Gandhi, at No.56/C/D, Police Station Road, Jolarpet, Tirupattur District–635 851, and record her evidence as P.W.2 and mark the necessary documents in accordance with law. 5. The petitioners shall make all necessary arrangements for secretarial assistance and transportation for the Advocate Commissioner. 6. The Registry is directed to do the needful to enable the Advocate Commissioner to record the evidence and mark the documents. 7. The initial remuneration of the Advocate Commissioner is fixed at Rs.50,000/-[Rupees fifty thousand only], which shall be paid directly by the petitioners. https://www.mhc.tn.gov.in/judis A No. 1829 of 2026 __________ Page5 of 6 8. The Advocate Commissioner shall record the evidence without unnecessary delay and file the recorded evidence along with his report of proceedings before this Court within two weeks, i.e., 11.08.2026. 28-07-2026 JRS Index : Yes/No Internet: Yes/No Neutral citation: Yes/No Speaking order/Non speaking order To : Mr. E. Reegan Amara sekaran, Advocate Enrollment No. Ms. 2248/06, Cell No. 9952994546. Email id: ronald4reegan@gmail.com Plot no.1, NARAYANAN NAGAR, Near Ambalnagar ,Pallikaranai, Chennai 600100 https://www.mhc.tn.gov.in/judis A No. 1829 of 2026 __________ Page6 of 6 DR.A.D.MARIA CLETE, J. JRS A No. 1829 of 2026 28-07-2026 https://www.mhc.tn.gov.in/judis