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2022 Supreme(Ker) 182

A.BADHARUDEEN
Sujith – Appellant
Versus
A. J. Joseph – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.Sanjay, A.Parvathi Menon, Biju Meenattoor, Kiran Narayanan, Paul Varghese (Pallath), P.A.Mohammed Aslam, Prasoon Sunny, Rahul Raj P., Advs.
For the Respondent: I.Dinesh Menon, Adv.

JUDGMENT :

This is an Original Petition filed under Article 227 of the Constitution of India by the defendants in O.S.Nos.224/2017 and 225/2017, challenging the order in I.A.No.5/2021 dated 06.01.2022. Plaintiffs in the above Suits are the respondents herein.

2. Heard both sides in detail. Written objection was filed by the 1st respondent.

3. Short facts: I.A.No.5/2021 is an application filed by the defendants under Section 151 and Order 16 Rule 10A of the Code of Civil Procedure seeking the following reliefs:

    “For the reasons stated in the accompanying affidavit it is humbly prayed that this Hon'ble Court may be pleased to appoint a hand writing expert for the comparison of the disputed signatures of late Mr. P.C.Davis and the signature of Grace Davis in the alleged promissory note (Exbt A-1) and the alleged Acknowledgment letter (Exbt A-1(a)) with the admitted signatures of the said later Mr. P.C.Davis in the cheques which are marked as Exbt A-2 and A-8 and the signature of the 2nd defendant Smt. Grace Davis which may be taken by this Honourable Court and in the documents that may be produced as per the direction of the Court and direct the hand writing expert to submit a report befo

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