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2024 Supreme(Online)(KER) 37852

HIGH COURT OF KERALA
VIJU ABRAHAM, J
JAYANTHI DEVI – Appellant
Versus
SUMA – Respondent


JUDGMENT

The above original petition is filed seeking to set aside Ext.P7 order dated 14.03.2024 in I.A.No.4/2023 in O.S.No.304/2013, pending before the Munsiff’s Court, Kayamkulam.

2. The petitioner is the sole defendant in O.S No.304/2013 pending before the Munsiff’s Court, Kayamkulam and the respondent herein is the plaintiff in the suit, which is filed for realisation of money. The suit was decreed as per Ext.P3, entitling the plaintiff to realise an amount of Rs.4,00,000/- with interest at 9% from the date of suit until the date of the decree and thereafter at 6% from the date of decree until realisation from the defendant and her assets. An appeal preferred against Ext.P3 as A.S. No.259/2015 before the Additional District Court, Mavelikkara was allowed on finding that dismissal of I.A.No.1951/2015 preferred by the defendant seeking comparison of handwriting and the signature by an expert is erroneous whereby curtailing the opportunity of the defendant to disprove the plaintiff's case and directed to sent Ext.A1 agreement for opinion of a handwriting expert. As directed by the appellate court, Ext.A1 was sent to Forensic Science Laboratory(FSL) and the report of the scientific e

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