M. ABDUL KAREEM Vs. SHEIK PARVEEN

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the order dated 30.01.2018 passed in I.A.No.41 of 2018 in O.S.No.126 of 2005, whereby and whereunder the petition filed by the petitioner/1st defendant seeking to send Ex.P1 for comparison of with the admitted signature of the father of the petitioner/1st defendant in Exs.B5 and Ex.B41, was rejected.

(2.) The respondent/plaintiff has filed the suit in O.S.No.126 of 2005 for declaration that she is the absolute owner of the suit property and for injunction restraining the defendant from in any way interfering with the peaceful possession and enjoyment of the suit property. According to the respondent/plaintiff, the father of the petitioner/1st defendant has executed the registered sale deed, dated 15.12.2003, (Ex.A1) in respect of the suit properties. According to the petitioner/1st defendant, his father has orally gifted the suit property in his favour and that his father was suffered by paralytic attack from February, 2003 and died in the year 2006 and therefore, he could not have signed in the sale deed and Ex.A1 is a bogus document. During the pendency of the suit, the petitioner/1st defendant has filed an application in I.A.No.41 of 2018 before the Court below to obtain a report by comparing the alleged signatures of Mohammed Mustafa in Ex.A. 1, with that of his signature in Ex.B.5 and Ex.B.41 by a handwriting expert of Forensic Department. But, the Court below has dismissed the said application. Challenging the same, the present Civil Revision Petition has been filed by the petitioner/1st defendant.

(3.) The learned counsel appearing for the petitioner/1st defendant would submit that D.W.2, D.W.7 and D.W.8, who are totally independent and uninterested witnesses, have clearly spoken about the illness suffered by Late.Mohemmed Mustafa even in the month of August, 2003 itself and that as he was suffered by paralysis, he could not subscribe his signature. He would further submit that in fact, the father of the petitioner/1st defendant viz., Mohemmed Mustafa has gifted the suit properties to him and that the petitioner/1st defendant has a legal right to defend by attacking Ex.A.1 and it is for the said purpose he is seeking the signatures to be verified by the expert which will help the lower Court in arriving at a proper conclusion. Thus, he prayed to allow this civil revision petition.