GUJJU SARASWATI @ G. SARASWATI Vs. G. RAM PRASAD

JUDGEMENT

(1.) This petition challenges the order dated 5.8.2016 passed by the learned Civil Judge (Sr. Divn.), Berhampur in C.S. No.212 of 2012. By the said order, learned trial court rejected the application of the plaintiffs under Order 26, Rule 10A C.P.C. to send the disputed signature of their mother-G. Chandrama on the Will vide Ext.G along with her admitted signature to a handwriting expert for comparison.

(2.) The petitioners as plaintiffs instituted the suit for partition. Opposite party nos.1 to 3 are the principal defendants. Plaintiffs and defendant nos.1 to 3 are the daughters and sons of G. Venkateswarulu and G. Chandrama. According to the plaintiffs, some of the suit schedule properties are ancestral and other self acquired property of their mother-G. Chandrama. After death of their mother, they requested the defendant nos.1 to 3 for partition, but the same was turned down.

(3.) Pursuant to issuance of summons, the defendant nos.1 to 3 entered appearance and filed written statement. The specific case of the defendant nos.1 to 3 is that G. Chandrama, their mother, had executed a Will on 1.7.2008 in their favour.