K.Kokilamma (Deceased) v. A.Murugan

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A.No.1203 of 2026 in T.O.S.No.33 of 2021 and A.No.1204 of 2026 in C.S.No.548 of 2019

¶1K.Kokilamma (Deceased) W/o.K.Ambikapathi 1-8-702/33/28, Padma Colony, Nallakunta, Vidya Nagar 1st Street, Musheerabad, Hyderabad, Andhra Pradesh-500

¶2K.Sailendra Kumar s/o K.Kokilamma s/o Late.K.Ambikapathi Old No.42, New.No.32, Jubilee Rd. West Mambalam, Ch-33

¶3K.MAdhusudhan Old No.42, New.No.32, Jubilee Rd. West Mambalam, Ch-33

¶4K.R.Vijayalakshmi Old No.42, New.No.32, Jubilee Rd. West Mambalam, Ch-33 (Plaintiff 2 to 4 brought on record as legal heirs of deceased first plaintiff and amendment carried out as per order dated

14.03.2024 in A.Nos.1490 and 1492 of 2024 in TOS.No.33 of 2024 and CS.No.548/2019) ..Applicant(s) Vs

¶1A.Murugan S/o.Late K.V.Annamalai Pillai, No.2/41, 1st Main Road, Kalaimagal Nagar, Ekkatuthangal, Chennai-600 032

¶2K.Audinarayana Pillai S/o.Late K.Veerasamy Pillai, Page2 of 5 No.16/41, 1st Cross Street, Shanti Nagar, Hosur-635 109 ..Respondent(s) A No. 1204 of 2026

¶1K.Kokilamma (Deceased) W/o.K.Ambikapathi, N.No.32, Jubilee Rd. West Mambalam, Ch-33

¶2K.Sailendra Kumar S/o K.Kokilamma S/o Late.K.Ambikapathi Old No.42, New.No.32, Jubilee Rd. West Mambalam, Ch-33

¶3K.MAdhusudhan Old No.42, New.No.32, Jubilee Rd. West Mambalam, Ch-33

¶4K.R.Vijayalakshmi Old No.42, New.No.32, Jubilee Rd. West Mambalam, Ch-33 (Plaintiff 2 to 4 brought on record as legal heirs of deceased first plaintiff and amendment carried out as per order dated

14.03.2024 in A.Nos.1490 and 1492 of 2024 in TOS.No.33 of 2024 and CS.No.548/2019) ..Plaintiff(s) Vs

¶1A.Murugan S/o.Late K.V.Annamalai Pillai, No.2/41, 1st Main Road, Kalaimagal Nagar, Ekkatuthangal, Chennai-600 032

¶2K.Audinarayana Pillai S/o.Late K.Veerasamy Pillai, No.16/41, 1st Cross Street, Shanti Nagar, Hosur-635 109 ..Defendant(s) Prayer in A No. 1203 of 2026: To

issue

subpoena

to

the E.A.Vishnupathy, at New No.24, Old No.60, Thambiah Road, West Page3 of 5 Mambalam, Chennai 600 033 to give evidence in the above T.O.S.No.33 of 2019 on the file of this Honble Court. Prayer in A No. 1204 of 2026: To issue subpoena to the E.A.Vishnupathy, at New No.24, Old No.60, Thambiah Road, West Mambalam, Chennai 600 033 to give evidence in the above C.S.No.548 of 2019 on the file of this Honble Court. In both applications: For Applicant(s): M/S.N. Baaskaran For Respondent(s): Mr.G.R.Ravichandran COMMON ORDER The Applications in A.No.1203 of 2026 in T.O.S.No.33 of 2021 and A.No.1204 of 2026 in C.S.No.548 of 2019 have been filed seeking issuance of subpoena to E.A.Vishnupathy, one of the attesting witnesses to the registered Will dated 25.07.1996 executed by late K.Sivaperumal, to appear and give evidence in the respective proceedings.

¶2It is averred in the affidavits that the original plaintiff, K.Kokilamma, came to know about the existence and registration particulars of the Will through E.A.Vishnupathy. According to the applicants, the said witness is not willing to appear voluntarily and, since the claims in both proceedings are founded upon the Will, his evidence is necessary to prove its execution and attestation. Page4 of 5

¶3The applications are opposed on the ground that the identity and whereabouts of the proposed witness were known to the applicants from the inception and that the present applications, filed after the examination of P.W.1, are intended only to fill up the lacuna in the evidence.

¶4Admittedly, the proposed witness is one of the attesting witnesses to the Will. His evidence is therefore material for proper adjudication of both proceedings. Though the applications are belated, the delay can be compensated by imposing costs, and the respondents will have sufficient opportunity to cross-examine the witness.

¶5Accordingly, A.No.1203 of 2026 in T.O.S.No.33 of 2021 and A.No.1204 of 2026 in C.S.No.548 of 2019 are allowed, subject to payment of costs of Rs.10,000/- to the respondents within two weeks from the date of this order. 28-07-2026 [1/2] JRS Index : Yes/No Internet: Yes/No Speaking order/Non speaking order AoNo.o1203oofo2026 DR.A.D.MARIAoCLETE,oJ. JRS A.No.1203oofo2026oinoT.O.S.No.33oofo2021 oando A.No.1204oofo2026oinoC.S.No.548oofo2019 28-07-2026 Page5oofo5