IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.02.2026 CORAM : THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE K.KUMARESH BABU OSA.No. 45 of 2024 And C.M.P.No. 6323 of 2024 B.K.Anandhakumar S/o. B.K.Krishnamoorthy ... Appellant Vs 1. Mrs.Ravanammal W/o. Kesava Reddy 2. K.Seetharaman S/o. M.Kesava Reddiar 3. P.Balakrishna Reddy S/o. P.Venkata Subba Reddy 4. P.Venkatramana Reddy S/o. P.Venkata Subba Reddy 5. P.Ramachandra Reddy S/o. P.Venkata Subba Reddy ...Respondents PRAYER: Appeal filed under Order XXXVI Rule 1 of O.S. Rules read with Clause 15 of Letters Patent against the order and decreetal order in Application No. 4319 of 2023 in T.O.S.No. 50 of 2006 (O.P.No. 650 of 2006) dated 04.09.2023 on the file of the Hon'ble High Court of Judicature p. 2 at Madras in its Ordinary Original Civil Jurisdiction by His Lordship Mr.Justice A.A.Nakeeran *** For Appellant : Mr. Abdullah for Mr. S.Ravichandran For RR 1 to 5 : Mr. S.Parthasarathy JUDGMENT (Order of the Court was made by C.V.KARTHIKEYAN, J.) This Appeal has been filed questioning an order dated 04.09.2023 in Application No. 4319 of 2023 in T.O.S.No. 50 of 2000. 2. It is contended that evidence had been recorded in the Testamentary and Original Suit and arguments had already been advanced. At that stage, an application had been filed by the defendants seeking to forward Exs. P-1 and P-2 for forensic examination with respect to the signature and the thumb impression. The learned Single Judge had allowed the said application. But however, the documents which were to be examined for comparison were xerox copies. There cannot be any p. 3 comparison of either the admitted signature or the disputed signature when one of the document is a xerox copy, since there was always the possibility of manipulation being made with the xerox copies. 3. In the order now under Appeal, the learned Single Judge had unfortunately not examined this particular aspect. On that one ground, we would allow the Appeal. 4. The order in Application No. 4319 of 2023 is set aside. The applicants in Application No. 4319 of 2023 are permitted to file fresh application provided they produce original contemporaneous documents for comparison. 5. This Appeal stands allowed. Consequently, connected Miscellaneous Petition stands closed. No order as to costs. p. 4 [C.V.K., J.] [K.B., J.] 02.02.2026 Index: Yes/No Internet:Yes/No Neutral Citation: Yes/No vsg C.V.KARTHIKEYAN, J. AND K.KUMARESH BABU, J. vsg p. 5 OSA.No. 45 of 2024 And C.M.P.No. 6323 of 2024 02.02.2026