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2014 Supreme(AP) 900

R.KANTHA RAO
Matta Sriramamurthy – Appellant
Versus
Arepalli Srirama Murthy – Respondent


Advocates:
Advocate Appeared
For the Petitioner:J. Sreenivasa Rao, Advocate.
For the Respondent:Siva Sankara Rao Borra, Advocate.

Judgment

This Civil Revision Petition is filed by the plaintiff in O.S.No.85 of 2007 against the order dated 12.03.2014 passed in I.A.No.478 of 2012 in O.S.No.85 of 2007 by the learned IV Additional District Judge, Tanuku.

I have heard Sri J.Sreenivasa Rao, the learned counsel appearing for the revision petitioner/plaintiff and Sri Siva Sankara Rao, Borra, the learned counsel appearing for the respondent/ defendant.

The brief facts, necessary for considering this Civil Revision Petition, are that the plaintiff filed the suit for specific performance of an agreement of sale dated 10.05.2006. The defendant filed written statement contending, inter alia, that the signatures on the agreement were forged, the agreement was allegedly executed at Tanuku town, but the defendant was at Bangalore on the relevant date. After framing of issues, the trial of the suit was commenced, the plaintiff’s evidence was closed and the defendant was also examined as D.W.1. At that stage, the defendant filed an interlocutory application under Section 45 of the Indian Evidence Act, seeking to send Ex.A.1 agreement of sale to the Handwriting Expert for comparison of the signatures thereon with his admitted s









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