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17. Trial Court has also taken note of the report of the fingerprint expert Smt.C.N.Jayadevi who had compared the admitted Left Thumb Impression of Smt.Akkamma - plaintiff with the Left Thumb Impression found on Ex.D-12, whereunder she has opined that Left Thumb Impressions found in said document was not clear to find out the identity of impressions. Hence, trial Court has held that defendants-1 and 2 have not proved that Left Thumb Impression found on Ex.D-12 is the Left Thumb Impression of plaintiff. In conclusion, trial Court held that defendants-1 and 2 had not taken any steps to prove that the signature of Smt.Akkamma found in the plaint is forged one. Hence, issue No.2 was answered in the negative i.e., against defendants-1,1(a) to (c) and 2, 2(a) to (d). On these grounds, trial Court decreed the suit partly as noticed herein above which has been called in question in these appeals.

O.S.No.6096/1997), Left Thumb Impression of Smt.Akkamma found in the plaint of O.S.No.4554/1988 marked as Ex.C-4 or Ex.D-7, Left Thumb Impression of plaintiff found in the affidavit dated 28.09.1988 filed in O.S.No.4554/1988 and Left Thumb Impression of plaintiff found in the affidavit dated 12.10.1988 filed in O.S.No.4554/1988 for being compared with the Left Thumb Impressions found on the stamp paper dated 15.12.1981/16.12.1981 and also the Left Thumb Impressions found in the Annexure-A to the said document. It was also ordered that Court Commissioner should compare the signatures found in Annexures - 'C', 'D', 'G' & 'H' to said document with the signatures found on the vakalathnamas filed in O.S.No.6906/1997 marked as Exs.C-2, C-3 & C-4 respectively.

51. The said Smt.Akkamma during her life time had filed a suit O.S.No.4454/1998 on the file of Civil Judge, Bangalore against Corporation of City of Bangalore for the relief of declaration and mandatory injunction in respect of property bearing Sy.No.43, Yeshwanthpur village, Bangalore North Taluk, measuring East by 24' West by 103', North by 122' and South by 155'. Original of the said plaint came to be marked as Ex.C-4 and D-7. Certified copy of vakalathnama of Smt.Akkamma filed in the said suit i.e., O.S.No.4554/1988 came to be marked as Ex.D-6. Affidavit accompanying I.A.No.1 filed in O.S.No.4554/1988 came to be marked as Ex.D-8. Affidavit accompanying I.A.No.2 filed in O.S.No.4554/1988 came to be marked as Ex.D-9. It is not in dispute that Left Thumb Impression found in Ex.C-4 (D-7), D-8, D-9 as well as Left Thumb Impression found in vakalathnama - Ex.D-6 which came to be marked as Ex.D-6A are the Left Thumb Impressions of Smt.Akkamma. Likewise, signatures found in the affidavit marked as Ex.D-10 and also in the affidavit dated 07.09.1992 which came to be marked as Ex.D-11 which relates to O.S.No.4454/1998 and Left Thumb Impressions found therein are undisputably that of Smt.Akkamma. The Court Commissioner Smt.Jayadevi has compared their signatures and has given her report on 12.05.2007 as under:

53. At this juncture itself the evidence of the Court Commissioners can be looked into for the purposes of ascertaining or examining as to whether the Left Thumb Impression of plaintiff and signatures of defendants-3 to 7 found on Ex.D-12 is the real and correct signature or not?

54. Both these witnesses namely, C.W.1 (Sri M.T.Hegde) and C.W.2 (Sri Syed Asgar Imam) are from the Department of Home, Government of Karnataka, Finger Print Bureau, Criminal Investigation Department, Bangalore District and Forensic Science Laboratory, Bangalore. Both of them have in an unequivocal terms in their report - Exs.C-5, C-6 and C-8 have opined that the thumb impression as well as signatures both admitted and disputed are of the same person. The report of C.W.1 marked as Ex.C-6 would disclose that properties allotted to the share of Smt.Akkamma as per 'C' schedule and it contains the Left Thumb Impression of Smt.Akkamma. The said disputed Left Thumb Impression of Smt.Akkamma has been compared by C.W.1 with the admitted Left Thumb Impression found on the affidavit filed in O.S.No.4554/1988 marked as Ex.C-4 which Left Thumb Impressions were marked as Q-7 and Q-9 and has opined that they are one and the same. Likewise, the Left Thumb Impression of Smt.Akkamma found on Exs.D-44, D-45, D-46, D-47 marked as Q-1, Q-2, Q-3 & Q-4 have been compared with the admitted signatures of Smt.Akkamma found on Ex.C-4 - D-7 which came to be marked as Q-5, Q-6, Q-7, Q-8, Q-9, Q-10, Q-11 & Q-12 and held that the thumb impressions at Q-1, Q-2, Q-3, Q-4, Q-7, Q-9, Q-11, Q-15 and Q-17 are the thumb impressions of Sm+t.Akkamma and they are one and the same.