IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 551 of 2009. Decided on : July 29, 2010. Rattan Chand …Petitioner. Versus Mahant Ram & others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Shrawan Dogra, Advocate. For respondents 1 & 2 None. For respondents 3 to 7 Ms. Nishi Goel, Advocate. Surjit Singh, J. (Oral) Nobody appears for contesting respondents, though they are represented by a counsel. 2. Heard and gone through the record. 3. Petitioner has filed a suit, seeking decree of mandatory injunction, for the removal of Danga. Suit has been filed against two persons, Mahant Ram and Suresh Kumar, respondents herein. It has been stated in the plaint that earlier there was a dispute between the parties, with regard to that Danga and a settlement was arrived at, in terms of which, respondents-defendants agreed to remove the Danga. Respondents-defendants deny their signatures upon that settlement writing, which is Ex.PW-3/B. 1 Whether reporters of Local Papers may be allowed to see the Judgment? - 2 - 4. Petitioner-plaintiff moved an application to the trial Court for sending settlement writing for comparison of the purported signatures of respondents –defendants thereon, with their admitted signatures on written statement and other documents, available on record. That request has been turned down by the trial Court, vide order dated, 24.8.2009. 5. Petitioner has challenged that order by means of present petition under Article 227 of the Constitution of India. 6. Facts, as narrated hereinabove, show that writing of settlement is an important document in the case. Petitioner says that it was signed by the respondents, while the latter deny the averment. Therefore, expert’s opinion should be the right option for determining, whether the settlement writing bears signatures of the two respondents or not. 7. Consequently, petition is allowed, impugned order is set aside and the trial Court is directed to send settlement writing, together with written statement and other papers, bearing admitted signatures of the respondents, to some handwriting expert, for his opinion. Parties are directed to appear before the trial Court on 24.8.2010. Petition is disposed of accordingly. July 29, 2010 (PC). (Surjit Singh), J.