IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 25978 of 2008(P) ---------------------------------------- (O.S.441/96 MUNSIFF COURT, TALIPARAMBA) PETITIONER: -------------------- PILAKUNNUMMAL KUTTYATT KALLIYANI, W/O.GOVINDAN, ERUVASSY AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.K.V.SOHAN SMT. SREEJA SOHAN.K. RESPONDENTS: ------------------------ 1. MANGALATT SREEJA, D/O.SREEDHARAN NAMBIAR, KUTTOOR AMSOM, VELLORA DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. PILAKKUNNUMMAL KUTTYATT VINOD KUMAR, S/O.KUNHIRAMAN NAMBIAR, ERUVASSY AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. THENISSERY KANNOTH NARAYANAN, S/O.NARAYANAN NAMBIAR, ERUVASSY AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 4. NEDUMPURATH AUGUSTINE, S/O.JOSEPH, ERUVASSY AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 5. MANGALATT GEETHA DEVI, D/O.KUNHAMBU KURUP, TALIPARAMBA AMSOM DESOM, KARYAMBALAM, TALIPARAMBA TALUK, KANNUR DISTRICT. Kss ..2/- ...2.... WPC.NO.25978/2008 P 6. KARTHYAYANI, ERUVASSY AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 7. YESODA, KUTTYERI AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 8. LAKSHMI, ERUVASSY AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 9. SAROJINI, ERUVASSY AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 10. MUTHUKUTTY KAMALAKSHI AMMA, ERUVASSY AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 11. SHEELA, ERUVASSY AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 12. GIRIJA, ERUVASSY AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 13. SINDHU, ERUVASSY AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 14. CHERUMATHIL JANAKI AMMA, ERUVASSY AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 15. SREEJA, CHERUPUZHA AMSOM DESOM, KADUMERI, KANNUR DISTRICT. 16. SREENIVASAN, CHERUPUZHA AMSOM DESOM, KADUMERI, KANNUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.25978 of 2008 ------------------------------- Dated this the 28th August, 2008. J U D G M E N T Petitioner is the additional 10th defendant who was subsequently impleaded as legal heir of the deceased 4th defendant in the suit. Petitioner filed I.A.No.2058 of 2008, an application to sent the registered Marupat containing the signature and thumb impression of Parvathi Amma to an expert. It was dismissed under Ext.P2 order. This petition is filed under Article 227 of the Constitution of India challenging Ext.P2 order. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel appearing for the petitioner is that disputed document contain not only the signature, but also the thumb impression, and there will be no similar thumb impression for two persons and the report of an expert on comparing the thumb impression is conclusive, and W.P.(C) No.25978 of 2008 2 learned Munsiff should have sent the document to an expert as sought for. 4. On hearing the learned counsel, I do not find any illegality or irregularity in Ext.P3 order warranting interference. Petitioner is entitled to challenge Ext.P2 order along the final judgment, if it goes against him. Petitioner is also entitled to adduce evidence in support of his case. Under Ext.P2 order, learned Munsiff has not upheld the disputed Marupat and validity of that document is to be decided on the evidence. Ext.P2 order will not preclude petitioner at a later stage, after recording the evidence, or court from getting an opinion of an expert, if it is found that a report is necessary. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.