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2003 Supreme(Mad) 1134

M.CHOCKALINGAM
Palaniammal & Others – Appellant
Versus
Palaniswami – Respondent


Advocates Appeared:For the Petitioner:Mrs.Krishnaveni, Advocate for Mr.T.R.Rajaraman. For the Respondents:Mr.Valliappan, Advocate for M/s.Sarvabhauman Associates.

Judgment :-

What is challenged herein is an order of the learned Additional District Judge cum Chief Judicial Magistrate, Karur dismissing an application filed by the petitioners herein for appointment of a handwriting expert to compare the signatures in the agreement of sale dated 19.8.1981 marked as Ex.A2 and the signature in the receipt dated 30.1.84 marked as Ex.A4 along with the signatures in the admitted documents dated 30.1.84 marked as Ex.A3, on the basis of which the relief was sought for by the petitioners/plaintiffs.

2. It was a suit filed filed by the petitioners herein for specific performance seeking a direction to the respondents/defendants to execute a sale deed on the basis of an agreement of sale dated 19.8.81 and the receipt dated 30.1.84. The execution of those documents was flatly denied by the respondents/defendants. On trial, the suit by the revision petitioners was dismissed. Aggrieved plaintiffs have brought forth an appeal in A.S.No.34 of 2001 pending on the file of the learned Additional District Judge. During the pendency of the appeal, the instant application seeking the appointment of an handwriting expert to compare the signatures found in Ex.A2 agreem





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