The court emphasized the necessity of expert analysis in signature comparisons, asserting that judicial evaluation without expert assistance is imprudent, particularly in will disputes.

ORDER :

1. This petition is filed seeking following reliefs:

“a. Issue a writ or order or direction in the nature of certiorari to set aside the impugned order dated 15.03.2021 made in O.S.No.43/2009 on I.A.No.18, passed by Hon’ble Additional Senior Civil Judge, Gadag, at Annexure-G, consequently by allowing the I.A.No.18, filed by the Petitioner; and b. Issue any other writ or direction as this Hon’ble Court deems fit and proper in the facts and circumstances of the case, in the ends of Justice and Equity.”

2. Sri.M.M.Patil, learned counsel appearing for the petitioner submits that the petitioner has filed a suit for declaration and permanent injunction in respect of the suit schedule property and the relief of declaration is sought based on the will dated 15.08.1985. It is submitted that after conclusion of the trial the petitioner filed an application seeking for appointment of an expert to carry out scientific investigation to compare the signatures of the deceased Smt.Gauramma as appearing in Ex.P1 i.e., Will dated 15.08.1985 and Ex.P31, the admitted signature of the deceased Smt.Gouramma. However, the trial Court under the impugned order dismissed the application on the ground that the Court has a power to compare the signatures and record the finding. It is submitted that the respondents are denying the Will, though the petitioner/plaintiff places best of the evidence before the trial Court to prove the Will. It is further submitted that the expert input would aid the trial Court in deciding the dispute between the parties. It is also submitted that the finding of the trial Court that it can compare the signatures as per Section 73 of the Indian EVIDENCE ACT , 1972 (for short ‘the Act’) is impermissible as per the law laid down by this Court. In support of his contentions he placed reliance on the decision of this Court in the case of G.V. Narasimhamurthy v. C. Gopal and Others , HCR 2020 Kant. 1040and in the case of Smt. Kamala and Others v. Smt. Rajoovi Padmappa Since Dead by LRs. 2015 (3) KCCR 2113 . Hence, he seeks to allow the application for appointment of an expert.

3. Per contra, Sri.H.N.Gularaddi, learned counsel appearing for the respondents supports the impugned order of the trial Court and submits that the trial Court has taken note of the fact that the similar application was filed in IA.No.17 which came to be rejected. Hence, further entertaining such an application would not arise. It is further submitted that there are no admitted signature of the deceased Smt.Gouramma, hence, question of comparing the signatures with Ex.P31 would not arise. It is also submitted that the primary burden is on the plaintiff to prove the Will by adducing the evidence and if there is any dispute with regard to the signature, the trial Court would exercise the power under Section 73 of the Act and compare the signatures. Hence, he seeks to dismiss the petition.

4. I have heard the arguments of the learned counsel for the petitioner, the learned counsel for the respondents and meticulously perused the material available on record. I have given my anxious consideration to the submissions advanced on both sides.

5. The petitioner filed OS.No.43/2009 for a relief of declaration and permanent injunction against the respondents and the relief of declaration is based on the Will dated 15.08.1985. The records indicate that the respondents defended the suit by denying the execution of Will by Smt.Gouramma in favour of the plaintiff. The parties to the proceedings adduced the evidence, thereafter, the petitioner filed an application under Order XXVI Rule 10A r/w Section 151 of the Code of Civil Procedure, 1908 (for short ‘CPC’) seeking for appointment of an expert to carry out the scientific investigation to compare the signatures of the deceased Smt.Gouramma appearing on Ex.P1, the disputed Will and the admitted signatures of the deceased Smt.Gouramma found at Ex.P31, which is the deposition of Smt.Gouramma in OS.No.302/1993. The trial