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1998 Supreme(AP) 788

B.S.RAIKOTE
MEDIKONDA RAMA SWARAJYALAKSHMI – Appellant
Versus
POSINA SATYANARAYANA – Respondent


B. S. RAIKOTE, J.

( 1 ) THIS Civil Revision Petition is filed by the first defendant being aggrieved by the order dt. 7-8-1997 passed in I. A. No. 1299 of 1997 in O. S. No. 84 of 1991 on the file of the Subordinate Judge, Kovvur. By the impugned order, the petition filed by the first defendant for sending Ex. A-1-Agreement of Sale dt. 13-3-1991 to the handwriting expert has been rejected by the Court below.

( 2 ) THE learned Counsel for the petitioner con tended that Ex. A-1-Agreementof Sale is the suit agreement on the basis of which the first respondent plaintiff has filed the present suit for specific performance. He further contended that in the written statement filed by the defendants, the said agreement of sale has been denied as a forged document, but the Court below has erred in refusing to exercise the jurisdiction vested in it. As such, the impugned order is liable to be set aside. He further submitted that since the hand writing expert ascertains whether the signature on Ex. A-1 is that of the petitioner or not on scientific basis such evidence is necessary and useful. On the other hand, the learned Counsel appearing for the 1st respondent-plaintiff, supported the impugn






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