G.Ramkumar vs M.S.Rama Mohana Rao
2022 Latest Caselaw 18039 Mad

                                                                           O.S.A. No.306 of 2022

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 05.12.2022

                                                         CORAM

                                   THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
                                                       and
                                  THE NONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ


                                            O.S.A. No.306 of 2022 and
                                             C.M.P. No.20920 of 2022


                 G.Ramkumar                                                    .. Petitioner


                                                          Vs.


                 M.S.Rama Mohana Rao                                       .. Respondent


                                                          ***

                 Prayer : Original Side Appeal filed under Section 36 Rule 9 of O.S. Rules

                 r/w Clause 15 of the Letters Patent against the order of the learned

                 single judge dated 26.09.2022 made in A. No.3622 of 2022 in TOS

                 No.21 of 2020.

                                                          ***


                                         For Appellant    : Ms.Vedhashri Narasa

                                         For Respondent   : Mr.T.Karunakaran




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                                                                            O.S.A. No.306 of 2022

                                                  JUDGMENT

S.VAIDYANATHAN, J.

AND MOHAMMED SHAFFIQ, J.

The present original side appeal has been preferred against the

order of the learned single judge dated 26.09.2022 made in A. No.3622

of 2022 in TOS No.21 of 2020.

2. The case of the appellant is that an application has been filed in

A. No.3622 of 2022 in T.O.S. No.21 of 2020 for examination of PW2

through video conference, which was accepted and allowed by this court

on 26.09.2022.

3. The main objection of the appellant before the learned single

Judge was that the witness is a healthy person and he can come and

appear in person to adduce evidence and there is no need to video

conferencing. Before this Bench, the learned counsel appearing for the

appellant submitted that there is a possibility of tutoring the witness.

4. The respondent entered appearance in the admission stage and

submitted that the witness's father was an attestor to the will in question

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in the testamentary original suit and he has nothing to do with the will

and he is going to adduce evidence with regard to the signature of his

father and the affidavit of the attesting witness, for which there is no

need for his physical appearance. It is further submitted that the

witness's father is no more and that there is no possibility of PW2 giving

evidence with regard to the contents of the will or on the merits of the

issue that is pending in the testamentary original suit.

5. Heard the learned counsel appearing for both sides and perused

the materials available on record.

6. We are not inclined to accept the contention of the learned

counsel appearing for the appellant, as the purpose of video

conferencing itself would be defeated. The contention, more particularly.

in the present case on hand that the witness would be tutored, cannot be

accepted, as the witness is going to identify only the signature of his

father in the will and the affidavit of the attesting witness and nothing

else. Hence we find that there is no error in the order of the learned

single Judge dated 26.09.2022 made in A. No.3622 of 2022 in TOS

No.21 of 2020 and the same does not warrant any interference in this

original side appeal.

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7. Accordingly, the original side appeal is dismissed. However,

there is no order as to costs. Consequently, the connected civil

miscellaneous petition is closed.

8. The learned Additional Master is expected to record the

evidence of PW2 at the earliest and the parties are directed to appear

through video conference on 16.12.2022.

[S.V.N., J.] [M.S.Q., J.] 05.12.2022 Asr

Copy to:

The Additional Master, High Court, Madras

Note:

Issue judgment copy on 06.12.2022

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S.VAIDYANATHAN, J.

and MOHAMMED SHAFFIQ, J.

asr

O.S.A. No.306 of 2022 and C.M.P. No.20920 of 2022

Dated : 05.12.2022

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