KUNHIKUTTAN @ DAMODHARAN Vs. SATHIYAN

JUDGEMENT

(1.) THE suit is one for a decree of permanent prohibitory injunction restraining the defendants from interfering with the peaceful possession of the plaint schedule property by the plaintiff/petitioner. THE plaintiff has alternatively sought to recover possession of the plaint schedule property from the defendants on the strength of his title. THE defendants claimed title and possession under a sale deed (Document No.1700/1974) alleged to have been executed by the plaintiff.

(2.) THE plaintiff had filed I.A No.2307/2009 to forward the sale deed to a handwriting expert for analysis on the ground that he had not executed the same. THE court below allowed the said interlocutory application and directed the plaintiff to appear in court on a specified date to give the specimen signature. THE plaintiff however could not make it as he was employed on contract basis as a plumber in Southern Railways. THE court below closed I.A No.2307/2009 only because the plaintiff did not appear on the date specified to give the specimen signature.