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Madras High CourtCRP/2768/2018dismissed

M.Sundaramorrthy v. G.Krishnaveni

2021-06-23Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and CMP.No.16216 of 2018 1.M.Sundaramorrthy 2.N.Vasantha ..Petitioners Vs.

1.G.Krishnaveni 2.G.Ramesh 3.G.Revathi 4.P.Manjula ..Respondents PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair order and decretal order dated 27.02.2018 and made in IA.No.1631 of 2017 in OS.No.25 of 2013 on the file of District Munsif, Tiruvallur. For Petitioner : Mr.A.Babu For Respondents : Mr.J.R.K.Bhavanantham 1/4

ORDER

This Civil Revision Petition is filed against the fair order and decretal order dated 27.02.2018 made in IA.No.1631 of 2017 in OS.No.25 of 2013 on the file of District Munsif, Tiruvallur, thereby dismissing the petition filed for seeking expert opinion from the handwriting experts.

2.

The petitioner is the defendant and the respondents are the plaintiffs. The suit is of the year 2003. While pending the suit, the petitioners filed petition seeking handwriting expert opinion with regards to the signatures found in Ex.B6, B7, is similar to the signatures and left thumb impressions found in the sale deed Ex.B8. On perusal of records revealed that during the course of cross examination of DW1, stated that the plaintiffs have admitted the execution of Ex.B6, mortgage deed dated 11.06.1981, Ex.B7 sale agreement dated 28.05.1990, Ex.B8 power of attorney. Whereas in the counter filed by the respondents, execution of Ex.B6, B7 and B8 are denied. Therefore, the court rightly dismissed the petition and this Court finds no infirmity or illegality in the order passed by the court below.

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3.

Accordingly, this civil revision petition is dismissed. However, the trial court is directed to dispose of the suit within a period of six months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed. No order as to costs.

23.06.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok 3/4

G.K.ILANTHIRAIYAN,J.

lok To The District Munsif, Tiruvallur.

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