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2007 Supreme(AP) 947

GOPALA KRISHNA TAMADA
Md. Tajuddin – Appellant
Versus
Md. Abdul Rahaman – Respondent


Advocates:
Advocate Appeared
Counsel for Petitioner: Sri Ali Farooq.
Counsel for Respondents: Sri Praveen Kumar.

ORDER:

This Civil Revision Petition is directed against the order, dated 8.5.2007 made in I.A.No.247 of 2006 in O.S.No.180 1992 on the file of the Junior Civil Judge, Jagtial, by which, the learned Judge allowed the petition filed by the plaintiff under Section 45 of the Indian Evidence Act, 1872 (for brevity "the Act") read with Section 151 C.P.C. ordering to send the disputed signatures of the 3rd defendant on Ex.A1 to the Handwriting Expert for comparison.

2. The brief facts of the case are that the petitioner herein is the 3rd defendant in the suit. On 25.6.1972, an oral agreement was made between the plaintiff, who is the 1st respondent herein, and the defendants 1 to 3 and the father of the 4th defendant to sell the plaint schedule land including the house in favour of the plaintiff. On 9.6.1977, a deed of Agreement of Sale/Acknowledgement deed was executed in favour of the plaintiff as a token of receipt of the monies advanced. However, as the agreement/promise was not fulfilled, the plaintiff instituted O.S.No.180 of 1992 on 16.2.1992 for specific performance of contract of agreement of sale and the defendants filed written statement on 13.7.1993. The plaintiff himself






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