AMARESHA Vs. LINGANAGOUDA DEVENDRAGOUDA PATIL

JUDGEMENT

(1.) Petitioners/Plaintiffs are invoking the writ jurisdiction of this Court assailing the order dated 28.04.2018 whereby their application for referring the documents at Exs.P.1 & P.2 and Ex.D.16 for the examination at the hands of Forensic Experts inasmuch as the genuineness of the signature in question needs to ascertained.

(2.) After service of notice, the respondents/defendants have entered appearance through their counsel who has opposed the grant of relief to the petitioners.

(3.) The learned counsel for the petitioners/plaintiffs submits that the suit is for a decree of specific performance of an Agreement to Sell the suit land measuring 1 acre 32 guntas in Sy.No.109/2 of Kustagi; the respondents herein are the defendants; the second respondent herein has filed the Written Statement resisting the suit claim inter alia disputing genuineness fo the signatures on Exs.P.1 & P.2; thus, there is a need to have an expert opinion for examination of the signatures on Exs.P.1 & P.2 with the admitted signature on the original of Ex.D.16; that being the position, petitioners' application filed for referring these documents to the Forensic Science Laboratory ought to have been allowed;