IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 33210 of 2008(C) ------------------------------------- OS.92/2002 of MUNSIFF COURT,ALUVA .................... PETITIONER(S): -------------------------- ROSY, D/O. DEVASSY, GOPURATHINGAL HOUSE, AGED 65 YEARS, KARAYAMPARAMBU KARA,KARUKUTTY VILLAGE. BY ADV. MR .PAUL.K.VARGHESE RESPONDENT(S): --------------------------- 1. THANKAMMA @ MARY, AGED 82 YEARS,(DIED) W/O.JOSEPH, GOPURATHINGAL HOUSE KARAYAMPARAMBU KARA,KARUKUTTY VILLAGE. (NOW RESIDING AT 3 ATTAN ROAD, ROYAPURAM, CHENNAI-13) 2. KUNJUMON, S/O.JOSEPH, AGED 62 YEARS GOPURATHINGAL HOUSE,KARAYAMPARAMBU KARA, KARUKUTTY VILLAGE, (NOW RESIDING AT PHILIP JOSEPH, FLAT NO.2,UNITED INDIA, C-CLANIYAM NO.1 CROSS STREET, 13/2 KODAMPAKKAM, CHENNAI-24 3. OMANA,W/O.LATE GEORGE, GOPURATHINGAL HOUSE,KARAYAMPARAMBU KARA, KARUKUTTY VILLAGE (NOW RESIDING AT ROWSAMMA GEORGE,2/336, BALASUBRAMANIAM GARDENS, KATTUPARKKAM, P.H.ROAD, CHENNAI-56) 4. SILPA, D/O. OAMANA, GOPURATHINGAL HOUSE,KARAYAMPARAMBU KARA, KARUKUTTY VILLAGE (NOW RESIDING AT ROWSAMMA GEORGE 2/336,BALASUBRAMANIAM GARDENS, P.H.ROAD, CHENNAI-56) W.P.(C) NO.33210/2008 5. SUNITHA, AGED 24, D/O.OMANA, GOPURATHINGAL HOUSE,KARAYAMPARAMBU KARA, KARUKUTTY VILLAGE (NOW RESIDING AT ROWSAMMA GEORGE,2/336, BALASUBRAMANIAM GARDENS, KATTUPARKKAM, P.H.ROAD, CHENNAI-56) 6. BABY KUTTAN, D/O. JOSEPH, GOPURATHINGAL HOUSE,KARAYAMPARAMBU KARA, KARUKUTTY VILLAGE (NOW RESIDING AT PHILIP JOSEPH, FLAT NO.2 UNITED INDIA,C-CLANIYAM CORSSA STREET 13/2 KODAMPAKKAM, CHENNAI-24) 7. KENNY JOSEPH, D/O.JOSEPH GOPURATHINGAL HOUSE,KARAYAMPARAMBU KARA, KARUKUTTY VILLAGE (NOW RESIDING AT KENNY JOSEPH, 5- MAS STREET CHETPETTA-CHENNAI-31. 8. MANOJ JOSEPH, S/O.JOSEPH, GOPURATHINGAL HOUSE,KARAYAMPARAMBU KARA, KARUKUTTY VILLAGE (NOW RESIDING AT DOOR NO. 73, FLAT NO.6 ABHIRAMI FLAT, 3 MAIN ROAD,KASTORRBAI NAGAR ADAYAR, CHENNAI-20) 9. RINU WILSON, S/O.JOSEPH, GOPURATHINGAL HOUSE, KARAYAMOARAMBU KARA, KARUKUTTY VILLAGE (NOW RESIDING AT C/O.WILSON THOMAS, POST BOX-24554, DUBAI, U.A.E) 10. ANI RAJESH, S/O.JOSEPH, GOPURATHINGAL HOUSE,KARAYAMPARAMBU KARA, KARUKUTTY VILLAGE (NOW RESIDING AT W/O. ALLA RAJESH RERDDY,N.170 SECTOR A GOUTHAM ENCLAVE, M.W.H.O. COLONEY SUREKH REA-1,SECANDARABAD-9 11. ALIAS THOMAS,S/O. JOSEPH GOPURATHINGAL HOUSE,KARAYAMPARAMBU KARA, KARUKUTTY VILLAGE,(NOW RESIDING AT 3, ATTAR ROAD, ROYAPURAM, CHENNAI-13) 12. SUSY GEORGE, D/O.JOSEPH GOPURATHINGAL HOUSE,KARAYAMPARAMBU KARA, KARUKUTTY VILLAGE,(NOW RESIDING AT C/O.WILSON THOMAS, POST BOX 24554, DUBAI , U.A.E. BY ADVS. MR.K.V.SOHAN FOR R6 MR.PAULSON.M.J. FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33210/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT IN OS. NO.92/02 DT. 16.2.02 OF MUNSIFF COURT, ALUVA. P2:- COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS NO. 1TO 5, 7,8 AND 11 DT. 14.79/05. P3:- COPY OF THE WRITTEN STATEMENT FILED BY THE 6TH DEFENDANT. RESPONDENT DT. 13.2.08. P4:- COPY OF THE AGAINST EXECUTED BY SRI.PAULOSE IN FAVOUR OF THE 6TH PLAINTIFF DT. 28.2.89. P5:- COPY OF THE UDAMBADY EXECUTED BY SRI. PAULOSE IN FAVOUR OF THE 8TH PLAINTIFF DT. 28.2.89. P6:- COPY OF THE OBJECION DT. 20.10.08. P7:- COPY OF THE ORDER IN IA. NO.2278/08 IN OS. NO.92/08 DT. 24.10.08. TRUE COPY P.A. TO JUDGE TSS S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.33210 OF 2008 (C) ----------------------------------- Dated this the 26th day of June, 2009 J U D G M E N T The writ petition is filed by the 6th plaintiff in O.S.No.92/2002 on the file of the Munsiff Court, Aluva. Suit is one for partition, the trial of which is in progress. The respondents are the defendants in the suit. To prove possession over the suit property, the petitioners/plaintiffs produced a lease agreement, but when evidence was taken, the executant of that agreement was examined by the defendants as DW3 and he denied its execution. In that backdrop, according to the petitioners/plaintiffs, it is necessary and inevitable to send that document to a Forensic expert with the admitted signatures of the executant of that document, for which, they moved an application before the court below, but it was dismissed. Ext.P7 is the copy of that order. Impeaching the propriety ad correctness of Ext.P7 order, petitioner/6th plaintiff has filed this writ petition WPC.33210/08 2 invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. I heard the counsel on both sides. Having regard to the facts and circumstances presented with reference to Ext.P7 order, I find no impropriety, illegality or irregularity in the order passed by the learned Munisff holding that there is no need to send over the document for expert opinion as desired by the petitioners, who are plaintiffs in that suit. Further more, it is seen to impeach the credibility of a witness petitioners have sought for examination of a document by a Forensic expert. It is not the case of the plaintiff that the document which is sought to be sent over is the basic document on which the suit claim rests, but, only a collateral piece of evidence to substantiate their claim. After all, the opinion to be given by an expert after examining the disputed document as covered by Section 45 of the Evidence Act has got only the value of opinion evidence and it is not binding on the court. The court can independently form its own opinion even excluding the opinion of the expert after comparing the WPC.33210/08 3 documents. The executant of the document has already been examined and his admitted signatures are there in the deposition statement recorded by the court. So, in any view of the matter, I find there is no need to send over the document to a forensic expert for opinion. Ext.P7 order passed by the learned Munsiff is found to be proper and correct, and hence this writ petition is dismissed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009