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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.Lakshman
Munavath Sujatha – Appellant
Versus
Lakavath Sammakka – Respondent
| Table of Content |
|---|
| 1. specific performance and signature authenticity issues (Para 3 , 4 , 6) |
| 2. timing for expert opinion request (Para 5 , 7) |
| 3. expert opinions and court's discretionary powers (Para 8) |
| 4. judicial responsibility in evaluating evidence (Para 10 , 11 , 12 , 13) |
| 5. revision allowed with appropriate directions (Para 14) |
ORDER :
K. Lakshman, J.
Heard Sri Nadipally Ananda Rao, learned counsel for the petitioner.
2. Despite Service of notice, there is no representation on behalf of the respondent.
3. The petitioner herein has filed a suit vide O.S.No.11 of 2024 against the respondent herein seeking specific performance of agreement of sale dated 08.12.2021. In the said suit, respondent/defendant had filed written statement contending that the said agreement of sale dated 08.12.2021 is a fake one and she has disputed her signature on the said agreement of sale. According to the learned counsel for the petitioner, trial Court has framed issues and posted the suit for trial.
4. The respondent had filed an application under section 45 of the Indian Evidence Act, 1872, vide I.A.No.283 of 2025 in O.S.No.11 of 2024 contending that she is disputing her signature on the said agreement of sa
The court ruled that applications for expert opinion on disputed signatures should be made at an appropriate stage in the trial, emphasizing judicial discretion and the need for proper evidence befor....
The allowance of pre-trial applications to send disputed documents for Expert opinion is improper and constitutes a material irregularity.
The validity of handwriting expert opinions in signature verification hinges on the availability of reliable, contemporaneous signatures from the defendants for comparison.
The court ruled that expert testimony on handwriting is essential in disputed signature cases, especially when coercion is claimed.
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