Firos vs Subhadra
2021 Latest Caselaw 3786 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

    TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                        OP(C).No.208 OF 2021

      I.A.NO. 54/2021 IN OS 194/2013 OF MUNCIFF MAGISTRATE
                         COURT,PATTAMBI

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PETITIONERS/DEFENDANTS:

      1      FIROS
             AGED 33 YEARS
             S/O. YOOSAF, VENKITTA HOUSE, KAMBRATHAL ROAD,
             VILAYUR , PATTAMBI TALUK, PALAKKAD DISTRICT.

      2      MYMOONA,
             AGED 54 YEARS
             W/O. YOOSAF, VENKITTA HOUSE, KAMBRATHAL ROAD,
             VILAYUR , PATTAMBI TALUK, PALAKKAD DISTRICT.

      3      SHEFEEK,
             AGED 29 YEARS
             S/O. YOOSAF, VENKITTA HOUSE, KAMBRATHAL ROAD,
             VILAYUR , PATTAMBI TALUK, PALAKKAD DISTRICT.

             BY ADVS.
             SRI.P.JAYARAM
             SHRI. GIGI PAPPACHAN
             SRI.SARATH CHANDRAN K.B.

RESPONDENT/PLAINTIFF:

             SUBHADRA
             AGED 50 YEARS,
             W/O.SURESH KUMAR, MOOLETHODI, PULAMANTHOL P.O.,
             PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679323.

             R1 BY ADV. SRI.SANTHEEP ANKARATH

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
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                 O. P. (C) No.208 of 2021
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         Dated this the 2nd day of February, 2021

                                  JUDGMENT

Petitioners are the defendants in a suit for

recovery of money allegedly due under a promissory note. The petitioners denied the execution of the

promissory note.

2. An application was filed by the first

defendant-first petitioner as IA 1171/2015, for

forwarding the disputed promissory note for

examination by a handwriting expert. The

application was allowed by the trial court.

However, the petitioner failed to pay the

expenses/batta. Though the period for deposit was

further extended by the trial court, the

petitioners failed to make the deposit.

3. Thereafter, the trial of the suit commenced.

In the course of the trial, the petitioners filed

IA 54/2021 seeking permission to deposit the batta

for forwarding the document to expert. The trial

court dismissed the application, challenging which O. P. (C) No.208 of 2021

this original petition has been filed.

4. Heard learned counsel on either sides.

5. Going by the sequence of events, the order

of the trial court rejecting the request of the

petitioner, cannot be faulted with. As noticed, the

trial court had even extended the time once, for

payment of batta, but the petitioners failed to

avail even the said opportunity. However, the issue

in the suit essentially being genuineness of the

document, I am of the opinion that, if after trial

the court considers it appropriate that an expert

opinion also be obtained for deciding the lis, then

it shall be open for the court to permit the

petitioners-defendants to remit the batta for

forwarding the document for expert opinion,

notwithstanding the order impugned.

With the above direction, the original petition

is disposed of.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge OP(C).No.208 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S NO.

194/2013, ON THE FILES OF MUNSIFF- MAGISTRATE, PATTAMBI.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT SUBMITTED BY THE 1ST DEFENDANT IN O.S NO. 194/2013, ON THE FILES OF MUNSIFF- MAGISTRATE, PATTAMBI

EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT SUBMITTED BY THE 2ND AND 3RD DEFENDANTS IN O.S NO. 194/2013, ON THE FILES OF MUNSIFF- MAGISTRATE, PATTAMBI

EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT IN I.A 54/2021 IN O.S NO. 194/2013 FILED BY THE 1ST PETITIONER HEREIN/1ST DEFENDANT FOR PERMISSION TO DEPOSIT THE AMOUNT REQUIRED FOR EXAMINATION OF THE DISPUTED DOCUMENT/PRO-NOTE BY HANDWRITING EXPERT AS DIRECTED BY THE ORDER IN I.A 1171/2015 IN O.S NO. 194/2013 ON THE FILES OF MUNSIFF- MAGISTRATE, PATTAMBI.

EXHIBIT P5 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENT HEREIN/PLAINTIFF IN I.A NO. 54/2021 IN O.S NO. 194/2013, ON THE FILES OF MUNSIFF-MAGISTRATE, PATTAMBI

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 12-01-2021 IN I.A 54/2021 IN O.S NO. 194/2013, ON THE FILES OF MUNSIFF-MAGISTRATE, PATTAMBI.

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