DENNIS M.PAUL Vs. M.JOHN ALIAS SAJU

JUDGEMENT

(1.) THIS original petition is in challenge of Ext.P9, order rejecting Ext.P6, application - I.A.No.5688 of 2012 to sent the disputed Will and power of attorney to the expert for opinion along with the documents summoned from the various offices pursuant to Ext.P4, judgment of this Court in O.P.(C) No.3020 of 2012.

(2.) THE suit properties, it is not disputed belonged to the mother of petitioner and 1st respondent. (The mother is no more). Mother of petitioner and the 1st respondent is said to have executed a registered Will dated 17.07.2009 and a power of attorney (document No.108 of 2009). The Will allegedly bequeathes a portion of the suit properties to respondents 2 and 3 who are wife and son of the 1st respondent. It is the further case of petitioner that the said Will and power of attorney are not duly executed by the deceased mother and that on the strength of the said Will and power of attorney, respondents 1 to 3 have assigned the properties to respondents 4 to 20 by various documents. Petitioner filed O.S.No.963 of 2010 in the Sub Court, Ernakulam for a declaration that the Will and the power of attorney are void and to set aside the assignment deeds in favour of respondents 4 to 20.

(3.) THE documents produced before learned Sub Judge. Then came Ext.P6, application - I.A.No.5688 of 2012 to send the documents along with the admitted and disputed documents to the expert for opinion. That application was dismissed by the learned Sub Judge as per Ext.P9, order for the reasons that the application is belated and in Ext.P4, judgment this Court directed that the trial of the suit shall commence without fail on 03.10.2012 and shall proceed on day today basis. There was a further direction to the learned Sub Judge to dispose of the suit within two months from the date of receipt of Ext.P4, judgment.