K VENKATACHALAM Vs. S N THANGARAJ

JUDGEMENT

(1.) THE plaintiff in O.S.No.287 of 2008, on the file of the Additional District Judge, Fast Track Court No.I, Erode, is the revision petitioner herein.

(2.) THE suit was filed by the revision petitioner for specific performance of an agreement of sale dated 07.03.2008. THE respondent/defendant denied the execution of the agreement of sale and therefore, filed application in I.A.No.675 of 2008, to compare the signature found in the agreement of sale with that of the signature of the respondent/defendant in the registered sale deed dated 19.09.2007 and that was ordered and the same was also confirmed by this Court vide order dated 05.11.2009, in C.R.P.(PD)No.215 of 2009.

(3.) IT is submitted by the learned counsel appearing for the respondent that as per the orders passed in C.R.P.(PD)No.215 of 2009 and C.R.P(PD)No.1247 of 2010, this Court has directed the comparison of the signature found in the agreement of sale only with the sale deeds dated 19.09.2007. Therefore, the present revision petition filed by the revision petitioner cannot be entertained, as it is only an attempt to drag on the litigation. He further submitted that out of the four documents, the property covered in Document No.1, was sold by the respondent and the property covered in Document No.2, was marked and the respondent is not having possession of the original document and the Document No.3 was lost and paper publication was also given to that effect. Therefore, it is submitted by the learned counsel appearing for the respondent that documents cannot be produced.