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2022 Supreme(Online)(MAD) 11896

HIGH COURT OF MADRAS
Hon`ble Mr.Justice B.PUGALENDHI
SUDALAI – Appellant
Versus
BALA SUBRAMANIAN – Respondent


ORDER

This Civil Revision Petition is filed against the order dated

13.08.2020 passed by the learned Additional District Munsif, Ambasamuthram, in I.A.No.1 of 2019 in O.S.No.47 of 2014.

2. The revision petitioners are defendants in O.S.No.47 of 2014.

The respondent/plaintiff has filed the above suit for bare injunction, claiming that he is the owner of the property, pursuant to the sale deed dated 08.08.1990. The defendants have taken a plea that the sale deed executed in the year 1990 is not correct, since one of the executant, namely, Samy Nadar, who is the grandfather of the defendants, died in the year 1988. A copy of the death certificate has also been produced to that effect. The defendants have also filed an application in I.A.No.1 of 2019 in O.S.No.47 of 2014 to send the documents to the Forensic Laboratory for comparing the thumb impression of Samy Nadar found in the mortgage deed dated 31.05.1973 with the thumb impression found in Ex.A1-Sale deed dated 08.08.1990. The learned trial Judge, by order dated 13.08.2020, dismissed the application on the ground that the defendants have not taken any plea for comparing the signature found in Ex.A1 and taken this plea only for compari

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