KRISHNAMURTHY Vs. SUBRAMANIAN

JUDGEMENT

(1.) THE second defendant in O.S.No.111/2005 before the District Munsif and Judicial Magistrate, Nannilam is the revision petitioner before this Court. He is aggrieved by the order of the trial court dated 09.10.2009 made in I.A.No.155 of 2009 in the above suit O.S.NO.111/2005, allowing the interlocutory application filed by the plaintiffs, directing an expert in handwriting to compare the admitted signature of Dhanapakiyam with the disputed signature in the alleged Will, so that the Court will be in a position to come to a correct and just conclusion regarding the execution of the alleged Will by the said Dhanapakiyam in favour of the second defendant.

(2.) THE respondents 1 and 2 herein, as plaintiffs, filed O.S.No.111 of 2005 for a judgment and decree, declaring that the plaintiffs and the first defendant are the legal heirs of the deceased Dhanapakiyam and are jointly entitled to succeed to her estate, namely, the suit properties, for a direction directing the second defendant to deliver possession of the suit properties to the plaintiffs and to pay a sum of Rs.10,000/ -, being the past mesne profits and also the future profits.

(3.) ACCORDING to the plaintiffs, the suit properties are owned by Dhanapakiyam, who is the wife of the plaintiffs and the first defendant's eldest brother Singaravelu. Singaravelu died in the year 2003 and his wife Dhanapakiyam died on 25.06.2005. They had no issues. The second defendant is a stranger to the family and he is a neighbour only to the above said Dhanapakiyam.