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2026 DAILYLAW 79243 (MAD)

S.Jayabal v. S.Peranandam (Died) 1.Kannika.S and 4 others

A/255/2026 · 2026-01-20

R N Manjula

Transfer Petitionbody2026

Judgment text

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A No. 255 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-01-2026 CORAM THE HON'BLE DR.JUSTICE R.N.MANJULA A No. 255 of 2026 in T.O.S. No.68 of 2016 S.Jayabal S/o.Late J.Selvaraj No.35/17, Perumal Koil 2nd Street, Purasawalkam, Chennai-600007. ..Applicant(s) Vs S.Peranandam (Died) 1. Kannika.S, W/o.L.Sekar Old No.57, New No.40, Gangai Amman Koil Street, Choolaimedu, Chennai-600094. 2. P.Amudha W/o.Late Peranandam 3. Keerthana D/o.Late Peranandam 4. Preetha W/o.Late Peranandam 5. Saranya D/o.Late Peranandam, All residing at No.29, New No.18, Vaikakaran Street, Purasawalkam, Chennai - 600 007. ..Respondent(s) __________ p. 2 A No. 255 of 2026 PRAYER – This Application is filed under Order XIV Rule 8 of the Madras High Court Original Side Rules read with Order XXVI Rule 9 of C.P.C., 1908, to appoint an Advocate Commissioner for recording the cross examination of PW2 (Mr.S.B.Gopinath) at his residence No.41, Manikkm, Street, Choolai, Chennai 600 112. For Applicant(s): M/s. N.Ramesh For Respondent(s): Mr.K.V.Sundararajan (for D1 & D2) O R D E R This application has been filed to appoint an Advocate Commissioner to record the cross-examination of P.W.2 (S.B.Gopinath) at his residence, No.41, Manikkam Street, Choolai, Chennai 600 112. 2. It is submitted by the learned counsel for the applicant that P.W.2/ Mr.S.B.Gopinath, who is aged about 70 years is one of the attesting witness to the Will dated 31.05.1993 is suffering from skin allergy and is advised by Doctor to take bed rest. Since he is unable to appear before the learned Master, this Court may allow this application and appoint an Advocate Commissioner to record the cross-examination of P.W.2 at his residence. __________ p. 3 A No. 255 of 2026 3.The learned counsel for the respondents/defendants 1 and 2 have no serious objection in allowing this application. 4.Considering the health reasons cited in respect of PW.2, this application is allowed. M/s.Madhumitha J, Advocate, Enroll No. M/s.No.2363/2017, having office at No. 5/3, Flat AG 5, 3rd Floor, AG Apartments, 3rd cross street, Seethammal colony, Alwarpet, Chennai 600 018. (Cell No. 9791711963) is appointed as Advocate Commissioner to record P.W.2’s cross- examination, at his residence at No.41, Manikkam Street, Choolai, Chennai 600 112. 5.The remuneration for the Advocate Commissioner is fixed at Rs.25,000/- (Rupees Twenty Five Thousand), which shall be borne by the applicant and payable to the commissioner directly. 20-01-2026 Index: Yes/No GSA Note : Registry to issue warrant to M/s.Madhumitha J, Advocate Commissioner __________ p. 4 A No. 255 of 2026 DR.R.N.MANJULA, J. GSA A No. 255 of 2026 in T.O.S. No.68 of 2016 20-01-2026 __________