The petitioners are the defendants in O.S.No.16 of 2002 on the file of the Senior Civil Judge, Medak. The respondents are the plaintiffs in the above suit filed for specific performance of an agreement of sale, dated 05.02.1993 said to be executed by the defendants.

2) During pendency of the suit, the defendants filed I.A.No.554 of 2006 under Sections 45 and 73 of the Indian Evidence Act requesting the Court to send the documents, covered by Exs.A.6, A.8 and A.9, to the handwriting expert for comparison with the admitted signatures of the first defendant on Ex.A.1 to A.5 and other documents and give an opinion. The lower Court dismissed the lower Court while dismissing the said application observed that the earlier application, covered by I.A.No.454 of 2006, under Section 45 of the Indian Evidence Act for comparison of the signatures on the documents. Therefore, the petitioners again filed the present I.A. to send the documents to the handwriting expert to compare the signatures with the admitted signatures and to give an opinion. It was further observed that in the absence of opinion of the expert, it is not appropriate for the Court to make any comparison as requested