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2026:MHC:391

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Order reserved on : 08.01.2026 Order pronounced on : 30.01.2026

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI

CRP.No.6609 of 2025

& CMP.No.32768 of 2025

Yogesh Parmar ... Petitioner

Vs.

1.A.P.Velusamy

2.C.AIR Forwarders (INDIA) Private Limited,

Represented by Shriranjan Venugopalan Menon,

No.57/58, 4^th Floor, Gokul Kalyan Building,

No.11/13, M.K.Ameen Mark,

Mumbai – 400 001.

3.Shriranjan Venugopalan Menon ... Respondents

Prayer: Civil Revision Petition filed under Article 227 of Constitution of

India, to set aside the rejection order dated 26.11.2025 made by the III

Additional District and Sessions Judge, Dharapuram in E.A.CFR.No.7390

of 2025 in E.A.No.10 of 2022 in E.P.No.92 of 2015 in O.S.No.216 of 2008.

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For Petitioner : Mr.S.Mukunth

Senior Counsel

for M/s.K.S.Advocates

For Respondents : Mr.N.Manoharan

for Mr.N.Ponraj for R1

ORDER

The revision petitioner challenges the order in E.A.CFR.No.7390 of

2025 in E.A.No.10 of 2022 in E.P.No.92 of 2015 in O.S.No.216 of 2008.

2.I have heard Mr.S.Mukunth, learned Senior for M/s.K.S.Advocates,

for the revision petitioner and Mr.N.Manoharan, learned counsel for

Mr.N.Ponraj, learned counsel for the contesting 1^st respondent.

3.Mr.S.Mukunth, the learned Senior Counsel appearing for the

revision petitioner, inviting my attention to the order passed by this Court in

CRP.No.3057 of 2025 dated 29.07.2025, would contend that this Court had

categorically found that the Will would have to be proved in the manner

known to law and therefore, it was necessary for the petitioner to examine

his sister, in order to establish the truth and genuineness of the Will. The

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learned Senior Counsel would further state that the executing Court ought

not to have shut out the remedy of the petitioner even at the numbering stage

and contended that the decision with regard to proof of the Will should have

been postponed after permitting the petitioner to examine his sister.

4.It is also the contention of the learned Senior Counsel that the best

person to speak about the Will is the other disinherited legal heir and further,

one of the attesting witnesses is admittedly dead and the whereabouts of the

other attesting witnesses are also not known to the petitioner. The learned

Senior Counsel would also invite my attention to Section 134 of the Indian

Evidence Act, now Section 139 of Bharatiya Sakshya Adhiniyam, 2023

(BSA) and state that there is no embargo for a party to examine any number

of witnesses. He would therefore state that the executing Court ought to

have numbered the application and permitted the petitioner to examine the

sister and the rejection of the application at the SR stage clearly amounted to

preclosing the valuable rights of the revision petitioner, especially when the

Will is a registered Will and the property that has been purchased by the

testatrix bonafide, will have to be necessarily gone into under Section 19 of

the Specifif Relief Act. The learned Senior Counsel would therefore pray for

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the revision petition being allowed.

5.Per contra, Mr.N.Manoharan, learned counsel appearing for the

contesting 1^st respondent would state that the decree was passed in the suit

way back in September 2012 and E.P.No.92 of 2015 was filed in November

2015 and an attempt was made by the petitioner in I.A.No.32 of 2010 to

seek impleadment in the suit under Order I Rule 10 of CPC. However, the

said application was dismissed on 13.06.2011 and the said order has become

final, with the petitioner not challenging the same by way of preferring a

revision before this Court.

6.The learned counsel for the 1^st respondent would further contend

that it is not even the case of the revision petitioner that his sister is aware of

the execution of the Will or that she was presen