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2014 Supreme(AP) 1296

NOOTY RAMAMOHANA RAO
Mortha Vimala – Appellant
Versus
Gouthu Rajulu – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Gadi Praveen Kumar.
For Respondents/Defendant: S. Ganesh.

ORDER

1. The plaintiff is the petitioner in this revision which is directed against the order passed by the learned Senior Civil Judge, Peddapuram in I.A. No. 1232 of 2002 in O.S. No. 24 of 2006. The said I.A. has been moved by the plaintiff under Section 45 of the Indian Evidence Act read with Section 15 of C.P.C. for referring the documents Ex.B-2 and B-3 preferably to a government handwriting expert to obtain his opinion as to whether signature appended on both those exhibits are the same as that of the plaintiff, who was examined earlier as P.W.1 in the suit. That Interlocutory Application was dismissed. Hence, this revision.

2. Plaintiff instituted the suit O.S. No. 24 of 2006 seeking decree for specific performance of agreement of sale dated 24.06.2003 and alternatively seeking refund of the advance sale consideration paid in part in a sum of Rs. 50,000/- together with interest at 24% per annum totaling to Rs. 82,666/- as on the date of institution of the suit from the defendant. The suit is instituted on 08.03.2006 and the defendant filed a detailed written statement on 18.07.2006.

3. The defendant has denied execution of the alleged suit agreement of sale dated 24.06.2003. He






















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