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KARNATAKA HIGH COURT
M.NAGAPRASANNA, J
SMT. SHANTHI BAJAJ W/O LATE JAGADISH BAJAJ – Appellant
Versus
SRI MADAN MOHAN PURUSHOTHAM SINGH BAJAJ – Respondent
| Table of Content |
|---|
| 1. application regarding will admissibility and signature verification. (Para 2 , 4 , 5 , 7) |
| 2. court's rationale for upholding earlier findings on document admissibility. (Para 8 , 9 , 10 , 11) |
ORAL ORDER
2. The petitioner is before this Court calling in question an order dated 10.09.2024 passed on IA No.3 of 2024 in OS 2110 of 2006 rejecting an application filed by the petitioner under Order XXVI Rule 10A read with Section 73 of the Evidence Act . The petitioners are plaintiffs 1, 2 and 3, file a suit for partition and separate possession. On 26.08.2006, the written statement is filed by the defendant and on 03.07.2007 the written statement by all were in place. Issues were framed on 29.05.2009 and additional issues on 18.12.2006.
examination of the witnesses at the time of evidence, the Will averments of which is already in the written statement was sought to be marked. The marking of it was objected to and was kept in abeyance till the conclusion of the evidence. Later, the marking of the Will was sought and an application was filed at the time of marking of the Will for reference of the signature on the Will for an handwriting expert.
5. The learned counsel for peti
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