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Madras High CourtCRP/592/2009disposed of

N.M.Arun v. S.Y.Heerajan (Died)

2019-04-05Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2019

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRP PD No.592 of 2009 and M.P.No.1 of 2009 N.M.Arun ... Petitioner Vs.

1. S.Y.Heerajan (d0ed)

2. Sajeena

3. Asik Elayi

3. Kathija

5. Jaitoonbi (died) Respondents 2 to 5 brought on record as legal heirs of the deceased sole respondent vide order dated 14.08.2018 made in MP No.2 and 3/2019 in CRP NP.592/2009.

R5 died, given up vide order dated 14.08.2018 made in MP No.2 and 3 of 2009 in CRP No.592/2009.

... Respondents Prayer Civil Revision petition filed under Article 227 of the Constitution of India made against the order dated 29.01.2009 made in I.A.No.85 of 2008 in O.S.No.38 of 2008 by the Additional District Judge, Krishnagiri.

For Revision Petitioner : Mr.P.Valliappan For respondent No.2 to 4 : No appearance First Respondent : Died Revision against 5th respondent : Given up

O R D E R

This revision petition has been filed against the order passed by the trial court, directing the expert to compare the signature of the revision petitioner found in the disputed agreement with the admitted signature of the petitioner found in the admitted documents.

2. The contention of the revision petitioner is that the second page of the sale agreement dated 19.03.2009 was removed and the signature of the revision petitioner was forged.

3. Taking into consideration of the facts and circumstances of the case, I am of the view that the admitted signatures of the revision petitioner found in the sale agreement dated 19.03.2009 itself could be compared with the disputed signature found in the second

page.

4. Accordingly, the order of the trial court dated 29.01.2009 passed in I.A.No.85/2008 in O.S.No.38/2008 by the Additional District Judge, Krishnagiri is modified to the effect that the sale agreement dated 19.03.2009 shall be sent to the forensic department for comparison of the disputed signature of the petitioner found in the 2nd page of that document with the admitted signature of the petitioner found in the other pages of that document and to get opinion of the expert.

5. With the above observations, this revision petition is disposed of.

05.04.2019 Index : yes/no Internet : yes/no Speaking order/non-speaking order mst To

1. The Additional District Judge, Krishnagiri. N.SATHISH KUMAR. J.,

mst CRP PD No.592 of 2009 and M.P.No.1 of 2009 05.04.2019