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2002 Supreme(Ker) 710

K.PADMANABHAN NAIR
Deepa – Appellant
Versus
Laly Mathew – Respondent


Judgment :-

1. Defendants 2 and 3 in a suit for declaration of title, recovery of possession and injunction are the revision petitioners. This C.R.P. is filed against the order passed by the learned Sub Judge dismissing an application filed by the revision petitioners to send two documents containing the disputed signature and handwriting for expert opinion.

2. Respondents 1 and 2 filed the suit for declaration of title and recovery of possession and for consequential injunction. According to respondents 1 and 2, they are the legal heirs of deceased Anil Kumar and they alone are entitled to succeed the estate of Anil Kumar. The case put forward by respondents 1 and 2 in the plaint is that late Sri. Anil Kumar married the first respondent in accordance with the provisions of the Special Marriage Act and in that wedlock the second respondent was born. The first defendant who is the 4th respondent in the C.R.P. is the mother of deceased Anil Kumar. It is alleged that the suit properties originally belonged to Anil Kumar who died on 17.7.1995 in a road accident and after the death of Anil Kumar, all his assets devolved upon respondents 1 and 2. It is alleged that the first revision peti





































































































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