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2024 Supreme(Ker) 170

A. BADHARUDEEN
Susamma – Appellant
Versus
Smitha Thomas – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M.Narendra Kumar, Sri.C.Raman, Advs.
For the Respondent: Sri.Jacob P.Alex, Sri.Joseph P.Alex, Shri.Manu Sankar P., Advs.

JUDGMENT :

The plaintiff in O.S.No.298/2003 on the files of Munsiff Court, Ranny, is the appellant herein and she assails decree and judgment in the above case dated 30.09.2016, confirmed as per judgment dated 12.04.2019 in A.S.No.105/2016 on the files of Additional District Court-II, Pathanamthitta. The respondents herein are the defendants in the above Suit.

2. Heard the learned counsel for the appellant/plaintiff and the respondents/defendants at length. Perused the records of the trial court as well as the appellate court and the relevant decisions placed by both sides.

3. As on 12.06.2019, my learned predecessor admitted this Second Appeal after raising the following substantial questions of law:

    (i) Did the courts below go wrong in finding that the signatures in Ext.B3 Will were the signatures of the testator ignoring the opinion of expert (PW4) that there was no semblance of similarity in the disputed signatures and the admitted signatures?

(ii) Were the courts below right in relying on Exts.B6 and B7 fingerprint reports of a private expert obtained by the defendants privately, without proof of authenticity of the reports?

(iii) Was there misappreciation of evidence on the part of

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