C. MANJUNATHA Vs. C.V. ASHWATHA

JUDGEMENT

(1.) Challenging order dtd. 15/2/2023 at Annexure-E passed by Principal Civil Judge and JMFC, Hosakote on application filed under Order XXVI Rule 10(a) of CPC, this writ petition is filed.

(2.) Sri G.V.Narasimha Murthy, learned counsel for petitioner/plaintiff submitted that petitioner had filed suit for specific performance of agreement of sale dtd. 13/7/2009 in O.S.no.244/2012 against respondent/defendant.

(3.) In said suit, defendant filed written statement denying plaintiff's averments. Thereafter, matter was contested and evidence was recorded. After recording evidence, defendant filed application under Order XXVI Rule 10(a) of CPC read with Sec. 45 of Evidence Act, for reference of agreement dtd. 22/11/2010 for examination by handwriting expert with regard to signature of plaintiff on agreement by Government Forensic Laboratory, Madiwala, Bengaluru.