Ia 125/2019 In Ia 950/2013 In Os ... vs By Advs
2021 Latest Caselaw 590 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 7TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                     OP(C).No.1808 OF 2020

 AGAINST THE ORDER DATED 06.10.2020 IN IA 1/2020 IN IA 125/2019
IN IA 950/2013 IN OS 1762 OF 2010 AND ORDER DATED 26.09.2019 IN
 IA 125/2019 IN IA 950/2013 IN OS 1762/2010 OF ADDL. SUB COURT-
                          II, THRISSUR

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PETITIONER/PETITIONER IN IA'S/PLAINTIFF

             VENUGOPALAN
             AGED 58 YEARS IN IA
             S/O.EZHUTHACHAN VALAPPIL KRISHNAN, VEEROLIPADAM
             DESOM, MANALITHARA VILLAGE, THALAPPILLY TALUK,
             THRISSUR.

             BY ADVS.
             SRI.S.RENJITH
             SRI.A.J.ABHILASH
             SRI.K.R.PRATHISH

RESPONDENTS/RESPONDENTS IN IAS/DEFENDANTS:

      1      VINCENT PAUL
             AGED 50 YEARS
             S/O.PAUL, PELLISSERY HOUSE, AMMADAM DESOM,
             THRISSUR, PIN-680 563.

      2      PHILIPOSE,
             AGED 43 YEARS
             S/O.GEORGE, THEKKEKKARA PUTHENPURAYIL HOSUE,
             VEEROLIPADAM DESOM, MANALITHARA VILLAGE, THRISSUR
             DISTRICT, PIN-680 570.

      3      PAULSON,
             AGED 62 YEARS
             S/O.MOOLAN CHAKKU, MOOLAN HOUSE, MELOOR,
             VADAKKUMURI VILLAGE, MURINGOOR DESOM, PIN-680 570.


     THIS OP   HAVING COME UP FOR ADMISSION ON 07.01.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
         ==================
               O. P. (C) No.1808 of 2020
         ==================
         Dated this the 7th day of January, 2021

                             JUDGMENT

The genuineness of certain documents allegedly

executed by the petitioner-plaintiff and/or in which the plaintiff and his brother one Mohanan

figure as witnesses, is under challenge in the

suit.

2. The petitioner challenged the execution and

attestation by himself and Mohanan. On the

application of the petitioner-plaintiff, the court

directed the documents as required by the

petitioner to be sent for expert opinion regarding

the disputed signature and thumb impression of the

plaintiff. The grievance of the petitioner is

regarding declining of the prayer for comparison of

signature and thumb impression of his brother

Mohanan.

3. The said Mohanan is not a party to the

proceedings. Mohanan is not examined as a witness

and the trial of the suit is yet to commence. The O. P. (C) No.1808 of 2020 :- 2 :-

question as to whether the signature and thumb

impression of Mohanan needs to be sent for expert

opinion cannot be considered at this stage. He

having not challenged or denied the document,

whether reference of his signature and thumb

impression to an expert is necessary is another

question. Be that as it may, the request of the

petitioner-plaintiff for reference of the signature

and thumb impression of Mohanan to an expert, was

rightly declined by the trial court at this stage.

The order impugned suffers from no infirmity.

Original petition fails and is accordingly

dismissed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge OP(C).No.1808 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO.1762 OF 2010 OF ADDITIONAL SUB COURT II, THRISSUR.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY 1ST DEFENDANT BEFORE THE ADDITIONAL SUB COURT II, THRISSUR.

EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT FILED BY 2ND DEFENDANT BEFORE THE ADDITIONAL SUB COURT II, THRISSUR.

EXHIBIT P4 TRUE COPY OF THE WRITTEN STATEMENT FILED BY 3RD DEFENDANT BEFORE THE ADDITIONAL SUB COURT II, THRISSUR.

EXHIBIT P5 TRUE COPY OF THE IA NO.950 OF 2013 FILED BY THE PETITIONER BEFORE THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY 1ST DEFENDANT BEFORE THE ADDITIONAL SUB COURT II, THRISSUR.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 12.11.2018 IN IA NO.950 OF 2013 IN OS NO.1762 OF 2010 ADDITIONAL SUB COURT II, THRISSUR.

EXHIBIT P7 TRUE COPY OF THE IA NO.125 OF 2019 IN IA NO.950 OF 2013 FILED BY THE PETITIONER BEFORE THE ADDITIONAL SUB COURT II, THRISSUR.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 26.09.2019 IN IA NO.125 OF 2019 IN IA NO.950 OF 2013 IN OS NO.1762 OF 2010 OF ADDITIONAL SUB COURT II, THRISSUR.

EXHIBIT P9 TRUE COPY OF THE IA NO.1 OF 2020 IN IA NO.125 OF 2019 IN IA NO.950 OF 2013 IN OS NO.1762 OF 2010 FILED BY THE PETITIONER BEFORE THE ADDITIONAL SUB COURT II, THRISSUR.

EXHIBIT P10 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY 1ST RESPONDENT IN IA NO.1 OF 2020 IN IA NO.125 OF 2019 IN IA NO.950 OF 2013 IN OS NO.1762 OF 2010 BEFORE THE ADDITIONAL SUB COURT II, THRISSUR.

EXHIBIT P11 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY 2ND RESPONDENT IN IA NO.1 OF 2020 IN IA NO.125 OF 2019 IN IA NO.950 OF 2013 IN OS NO.1762 OF 2010 BEFORE THE ADDITIONAL SUB COURT II, THRISSUR.

EXHIBIT P12 TRUE COPY OF THE ORDER DATED 06.10.2020 IN IA NO.1 OF 2020 IN IA NO.125 OF 2019 IN IA NO.950 OF 2013 IN OS NO.1762 OF 2010 BY ADDITIONAL SUB COURT II, THRISSUR.

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