MAHALAKSHMI Vs. NOORINISHA BEGUM

JUDGEMENT

(1.) The civil revision petition has been filed against the fair order and decreetal order dated 08.04.2009 passed in I.A. No. 1564 of 2008 in O.S. No. 161 of 2004 on the file of the District Munsif, Perambalur. The revision petitioner herein is the third defendant and the respondent herein is the plaintiff in the original suit in O.S. No. 161 of 2004.

(2.) The respondent/plaintiff filed a suit in O.S. No. 161 of 2004 for partition. Pending the suit, the revision petitioner/third defendant filed an application in I.A. No. 1564 of 2009 praying to send Ex. B.7, unregistered mortgage deed, alleged to have been executed by the deceased Khader Bee, to the Expert for comparing thumb impression and to obtain opinion from the expert.

(3.) In the affidavit, it is stated that the deceased Khader Bee, mother of the first and the second defendants, obtained a loan of Rs. 2,00,000/- from the husband of the revision petitioner/third defendant by executing an unregistered mortgage deed, wherein the deceased affixed her thumb impression. But, it was denied by the first and second defendants and also the respondent/plaintiff. Therefore, the revision petitioner filed the application for the above stated relief.