A.No.3241 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A No. 3241 of 2026 in T.O.S. No. 23 of 2019 1. Shopana Viswanathan W/o.Illankovan, 2. V.Rathnakumari W/o.S.Pandian, Both plaintiffs are residing at H-52, 2nd Floor, 4th Street, Anna Nagar, Chennai - 600 040. ..Applicant(s) Vs A.B.Iniya Niranjan S/o.V.Balamurugan 442/5, Royal Enclave, Anna Nagar East, Chennai-600 040. ..Respondent(s) PRAYER: To permit for De bene esse evidence of the 1st Attesting Witness Dr.Udesh Ganapathy in the above T.O.S.No.23 of 2019. For Applicant(s): M/S.P.B. Ramanujam Associates For Respondent(s): Ms.S.Pavithrashini 1/4 https://www.mhc.tn.gov.in/judis A.No.3241 of 2026 ORDER This Application has been filed by the Applicants / 2nd and 3rd Plaintiffs seeking permission to examine the first attesting witness, viz., Dr.Udesh Ganapathy, de bene esse on the side of the Plaintiff as P.W.1 in the above Testamentary Original Suit. 2. The learned counsel for the Applicant / Plaintiff would submit that the above suit is one for the grant of Letters of Administration with the Will annexed in respect of the Last Will and Testament of the deceased brother late Balamurugan. It is submitted that the evidence of an attesting witness is necessary for proving the Will in accordance with law. It is further submitted that the first attesting witness will be traveling abroad shortly for six to nine months and if his evidence is not recorded before he leaves the jurisdiction of this Court, they will be deeply prejudiced. On these grounds, it is prayed that the said witness be permitted to be examined de bene esse. 2/4 https://www.mhc.tn.gov.in/judis A.No.3241 of 2026 3. The learned counsel for Respondent / Defendant has submitted that she has got no objection in allowing this application and has made an endorsement to that effect. 4. This court considered the submissions and perused the material on record. 5. Accordingly, the Applicants / 2nd and 3rd Plaintiffs are permitted to examine the first attesting witness, viz., Dr.Udesh Ganapathy, de bene esse as P.W.1 in the above suit. It is made clear that the Respondent / Defendant shall be entitled to cross-examine the said witness in accordance with law, and therefore no prejudice would be caused to the Respondent / Defendant. Thus the Application is allowed. No costs. 06-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AY 3/4 https://www.mhc.tn.gov.in/judis A.No.3241 of 2026 DR.A.D.MARIA CLETE, J. AY A No. 3241 of 2026 in T.O.S. No. 23 of 2019 06-08-2026 4/4 https://www.mhc.tn.gov.in/judis