High CourtsSingle Bench(2023) 02 KL CK 0283

Subramaniyanachari vs Viswadarsini Charitable Society

High Court Of Kerala · Decided on 28 February 2023

HON’BLE JUDGES
Sathish Ninan, J
RESULT
Allowed
CASE NUMBER
Original Petition (C).No.2379 Of 2022

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 202 words

Sathish Ninan, J.

1.

Petitioners are defendants 2 and 3 in a suit for recovery of possession and injunction. The dispute involved in the suit relates to the right of management of a Society.

2.

In the course of the trial, the petitioners filed I.A.No.11/2022 seeking to forward Exts.A26 and A52 documents for expert opinion to determining the age of the writings therein. As per impugned order, the trial court dismissed the same.

3.

Heard  the  learned  counsel  on  either sides.

4.

The trial court noticed that Exts.A26 and A52 documents were produced in June 2022 and the application was filed much later. It was also noticed that the present application is filed after examination of the witnesses, at the fag end of the trial. The report of an expert report is only an opinion evidence. The genuineness or otherwise of the documents in question can be proved by the parties through other evidence. The trial need not be interfered with at this stage. However, after the trial is over, it shall be open for the Court to reconsider the application and pass fresh orders. To enable the same the order impugned is set aside.

The Original Petition is allowed as above.