C. RAJANNA Vs. SHARADAMMA

JUDGEMENT

(1.) Challenging order dtd. 1/6/2023 passed by LXXIV Addl. City Civil Judge, Mayo Hall Unit, Bengaluru City, on I.A.no.1/2023, I.A.no.2/2023 and I.A.no.3/2023 in O.S.no.26932/2009, this writ petition is filed.

(2.) Sri. Jose Sabastian, learned counsel for petitioner submitted that petitioner was plaintiff no.1 in O.S.no.26932/2009 filed for declaration that agreement of sale dtd. 18/8/1988, power of attorney dtd. 6/1/1989 notarised on 31/3/1990 as fraudulent and concocted documents and same would not take away rights of plaintiff over schedule property nor confer any right in favour of third parties and for permanent injunction etc.

(3.) In said suit, petitioner herein was joined by respondents no.8 and 9 herein as plaintiffs no.2 and 3 and respondents no.1 to 7 were defendants no.1 to 5. It was submitted that after framing of issues and conclusion of trial, plaintiffs filed I.A.no.I/2023 under Sec. 45 and Sec. 73 of Evidence Act r/w Sec. 151 of CPC for comparison of signatures to handwriting expert to ascertain truth or otherwise about genuineness of respective signatures found on Exs.D.27 and D.28 and to submit report.