IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 6832 of 2008(L) ------------------------------------- O.S. 394/98 IN I.A.4783/2000 OF II ADDL.SUB COURT,THRISSUR. .................... PETITIONER: ------------------- KRISHNAN @ K.V.BALAKRISHNAN S/O.VELAYUDHAN, KUNNATHULLY HOUSE, KECHERI THRISSUR DISTRICT. BY ADV. SRI.P.SANTHOSH (PODUVAL), ADV. SMT.R.RAJITHA. RESPONDENTS: ------------------------ 1. DR. JANARDHANAN, S/O.VELAYUDHAN KUNNATHULLY HOUSE, KECHERI, THRISSUR DISTRICT. 2. DR. CHANDRAN, S/O.VELAYUDHAN KUNNATHULLY HOUSE, KECHERI, THRISSUR DISTRICT, NOW RESIDING AT ERAMANGALAM DESOM, PONNANI TALUK, MALAPPURAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 6832 OF 2008 = = = = = = = = = = = = = = = Dated this the 27th day of February, 2008. J U D G M E N T This writ petition is preferred against the order of the II Addl. Munsiff, Thrissur in I.A. 4783/00 in O.S.394/98. The said application is filed for sending the disputed signature in the Will for comparison of an expert. On an earlier round of litigation this Court directed the Court below to adduce evidence and after examination of the attesting witness the Court directed the Munsiff to consider I.A.4783/00 and pass appropriate orders. 2. The learned Munsiff found that there is one document of partition which contains the signature of late Velayudhan and the Munsiff has also observed that even in the signatures in that document from page to page there is difference and therefore for a comparison of the signature it also held that it is necessary to send the documents to an expert for scientific examination. The learned counsel for the W.P.C 6832 OF 2008 -:2:- writ petitioner argues before me that when the Court itself has observed that there are different signatures in the same document admitted to be executed by Velayudhan it may not be safe of to rely upon that document for the purpose of comparison. I cannot say that there is no force at all in the argument. But whatever it may be, there will be always general and specific characteristic in each man's writing just like the pen pressure, the flow etc. So to have a safe method it is desirable that if the late Velayudhan had put his signature before the Registrar admitting the execution of the document which normally is seen at the reverse page that signature can be sent for comparison with the disputed signature in the Will. If that is not available the Court may send the signature as ordered by it, in addition to it also may direct the parties to produce another document which admittedly contains the signature of Velayudhan and let that also be send for comparison along with the disputed signature. With the above directions the order of the Court below is modified and the writ petition is disposed of. M.N. KRISHNAN, JUDGE. ul/-