Ganesan v. Alamelu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2016

CORAM

THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR C.R.P (PD) No.1146 of 2016 & C.M.P.No.6302 of 2016 1.Ganesan 2.Varadharajan 3.Loganathan ... Petitioners vs.

1.Alamelu 2.Karuppiah 3.Selvi @ Tamilselvi 4.Dhanalakshmi ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decretal orders in I.A.No.424 of 2015 in O.S.No.96 of 2011 dated 08.01.2016 on the file of Sub-Ordinate Judge, Attur.

For Petitioner :

Mr.S.Kamadevan

ORDER

Heard the submissions made by the learned counsel for the petitioners. In a suit filed for partition, the defendants made a counter claim for specific enforcement of an agreement for sale allegedly

executed by the father of the plaintiffs. The plaintiffs are resisting the counter claim contending that signature found in the agreement are not that of their father. Under the said circumstances, the defendants filed an application I.A.No.424 of 2015 in O.S.No.96 of 2011 on the file of the trial Court for referring the disputed document to a handwriting expert to be compared with an admitted document and submit his opinion.

2. The learned trial Judge, after hearing, dismissed the said petition holding that the original document which is sought to be projected as the document containing the admitted signature of the father of the plaintiffs had not been produced and that hence, there was no chance of referring the said documents to the handwriting expert for comparison and opinion.

3. Learned counsel for the petitioner, who is not in a position to assail the said reason, submits that the petitioners/defendants may be permitted to take steps for producing or summoning the originals containing the admitted signatures of the father of the plaintiffs and thereafter, apply for referring those documents along with the disputed documents to a handwriting expert for opinion.

4. Accordingly, the learned counsel for the petitioner prays for the dismissal of the Civil Revision Petition as withdrawn with liberty as indicated supra. An endorsement to that effect has been made and the same is recorded.

In view of the endorsement made, the Civil Revision Petition is dismissed as withdrawn. Liberty as indicated above is granted. No costs. Consequently, the connected miscellaneous petition is closed. 12.04.2016 Index: Yes/No Internet: yes/No gpa To The Sub-Ordinate Judge Attur

P.R.SHIVAKUMAR.J., gpa C.R.P (PD) No.1146 of 2016 & C.M.P.No.6302 of 2016 12.04.2016