T.Parthasarathy Vs P.Anand and Another

T.Parthasarathy vs P.Anand and Another

Type Court Judgment Court Chennai Decided Mar 25, 2026

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https://sooperkanoon.com/case/1415002

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Citation: sooperkanoon.com/1415002
Court: Chennai High Court
Judge: Honourable Dr.Justice a.D.Maria Clete
Decided On: Mar 25, 2026
Case Number: A/107/2026

Parties & Advocates

Appellant / Petitioner

T.Parthasarathy

Respondent

P.Anand and Another

Excerpt

.....in t.parthasarathy s/o.thotadri, ..applicant(s) vs1. p.anand s/o.mr.t.parthasarathy,2. renukad/o.t.parthasarathy, no.76, marlow bukinghamshire, sl7 3nb, united kingdom. ..respondent(s) prayer: this petition filed under order xiv rule 8 of o.s. rules and section 281 of indian succession act, 1925 to permit the petitioner to file third party affidavit of mr.sankara subramanian to identify the signature of one of the attesting witness mr.m.ganesan in the will dated 23.12.1990 in the above said o.p. for applicant(s): mr.sowmyaa for respondent(s): no appearance ( notice served)page1 of 4orderheard.2. this application has been filed under order xiv rule 8 of theoriginal side rules read with section 281 of the indian succession act, 1925, seeking permission to file the third party affidavit of mr. sankara subramanian for the purpose of identifying the signature of one of the attesting witnesses, namely mr. m. ganesan, in the will dated 23.12.1990 propounded in the above original petition.3. the case of the applicant is that, since both the attesting witnesses areno more, the execution of the will could not be proved in the ordinary manner by examining an attesting witness, and that therefore it has become necessary to place on record the affidavit of mr. sankara subramanian, son of late m. ganesan, to identify the signature of his father appearing in the will as one of the attesting witnesses.4. the affidavit of mr. sankara subramanian has also been placed alongwith the application. in the said affidavit, he has stated that he is the son of late m. ganesan, one of the attesting witnesses to the will dated 23.12.1990 executed by the testator mr. g. narasimhan, and that he is in a position to identify his father's signature in the said will. page2 of 45. the prayer in the present application is only to permit the petitioner to file the said third party affidavit for the limited purpose of identification of the signature of one of the deceased attesting.....

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE in T.Parthasarathy S/o.Thotadri, ..Applicant(s) Vs

1. P.Anand S/o.Mr.T.Parthasarathy,

2. Renuka

D/o.T.Parthasarathy, No.76, Marlow Bukinghamshire, SL7 3NB, United Kingdom. ..Respondent(s) PRAYER: This petition filed under Order XIV Rule 8 of O.S. Rules and Section 281 of Indian Succession Act, 1925 to permit the petitioner to file third party affidavit of Mr.Sankara Subramanian to identify the signature of one of the attesting witness Mr.M.Ganesan in the Will dated 23.12.1990 in the above said O.P. For Applicant(s): Mr.Sowmyaa For Respondent(s): No appearance ( Notice served)

Page1 of 4

ORDER

Heard.

2. This Application has been filed under Order XIV Rule 8 of the

Original Side Rules read with Section 281 of the Indian Succession Act, 1925, seeking permission to file the third party affidavit of Mr. Sankara Subramanian for the purpose of identifying the signature of one of the attesting witnesses, namely Mr. M. Ganesan, in the Will dated 23.12.1990 propounded in the above Original Petition.

3. The case of the applicant is that, since both the attesting witnesses are

no more, the execution of the Will could not be proved in the ordinary manner by examining an attesting witness, and that therefore it has become necessary to place on record the affidavit of Mr. Sankara Subramanian, son of late M. Ganesan, to identify the signature of his father appearing in the Will as one of the attesting witnesses.

4. The affidavit of Mr. Sankara Subramanian has also been placed along

with the application. In the said affidavit, he has stated that he is the son of late M. Ganesan, one of the attesting witnesses to the Will dated 23.12.1990 executed by the testator Mr. G. Narasimhan, and that he is in a position to identify his father's signature in the said Will. Page2 of 4

5. The prayer in the present application is only to permit the petitioner to file the said third party affidavit for the limited purpose of identification of the signature of one of the deceased attesting witnesses.

6. Accordingly, this Application is allowed. The petitioner is permitted to

file the third party affidavit of Mr. Sankara Subramanian for the purpose of identifying the signature of late Mr. M. Ganesan, one of the attesting witnesses to the Will dated 23.12.1990, in O.P. No.218 of 2023. It is made clear that the reception of such affidavit is subject to proof, relevancy and admissibility, and its evidentiary value shall be considered at the time of final disposal of the original petition. No order as to costs.

Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No sms Page3 of 4

DR.A.D.MARIA CLETE, J.

sms in Page4 of 4

Same Court & Year Chennai · 2026 Same Parties T.Parthasarathy vs P.Anand and Another Same Judge Honourable Dr.Justice a.D.Maria Clete