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2009 Supreme(SC) 1321

CYRIAC JOSEPH, S.B.SINHA
G. Someshwar Rao – Appellant
Versus
Samineni Nageshwar Rao – Respondent


Advocates appeared:
For the Appellant :C. Mukund, Shashank Sharma, Ms. Vandana Anand, Bijoy Kumar Jain, Advocates.
For the Respondents:D. Bharthi Reddy, Advocate.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Challenge in this appeal, which arises out of S.L.P.(Crl.)No.6278 of 2007 is to a judgment and order dated 22nd August 2007 passed by a learned Single Judge of the High Court of Andhra Pradesh whereby and whereunder a revision application, filed by the appellant herein, arising out of a judgment and order dated 07th April 2007 passed by the Ist Additional Judicial Magistrate of First Class, Khammam dismissing an application filed by the appellant for sending the disputed pronote and the cheque for examination of a handwriting expert, was dismissed.

3. According to the appellant, an agreement to sell was entered into in terms whereof one Bangi Venkanna and Y. Satyanarayana, brother-in-law of the 1st respondent agreed to purchase the appellant’s share of the suit land for a total consideration of Rs.12,00,000/- (Rupees twelve lacs) and out of the said amount, a sum of Rs.4,00,000/- (Rupees four lacs) was paid by way of advance. According to him, as the said agreement could not be given into effect to, the same stood cancelled vide another agreement dated 22nd August 2004 and the disputes stood amicably settled.

4. However, first responden


























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