S.P. KARTHIKEYAN Vs. PERIYASAMY

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the order and decreetal order dated 28.10.2015 in I.A.No.103 of 2015 in O.S.No.162 of 2008 on the file of the II Additional Subordinate Judge at Erode.

(2.) According to the petitioner, the respondent filed a suit in O.S.No.162 of 2008 before the II Additional Subordinate Court, Erode for partition and separate possession against the petitioner. The petitioner is denying the sale deed dated 27.08.1993 which has marked by the respondent/plaintiff as Ex.A2. The signatures of Mr.Sabapathy said to have been executed before the Sub Registrar Office, Erode appears totally different. While bearing the signatures the petitioner has filed an application under Order 16, Rule 21 and section 151 of the Code of Civil Procedure. The Court below has considered the said application and dismissed the said application by holding that the petitioner has filed the application only to drag on the proceedings.

(3.) Furthermore, it is also submitted by the respondent that previously similar petition has filed for comparison of signatures in I.A.No.97 of 2014 was already allowed and expert has given the report, by stating that insufficient of signatures. Another petition filed for comparison of the signatures in I.A.No.150 of 2011 and the same was dismissed by the Court and the Civil Revision Petition has been filed before this Court and the same was dismissed and subsequently I.A.No.146 of 2014 was filed for sending the documents for private expert which was also dismissed by the Court below and no revision sofar preferred and thereafter, filing the very same similar application, after seven years and therefore, on the aforesaid ground the Court below has dismissed the said application.