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2015 Supreme(AP) 775

M.S.RAMACHANDRA RAO
Mudi Reddy Tirupathi Reddy – Appellant
Versus
T. Linga Reddy – Respondent


Advocate Appeared:
For the Petitioner:A. Pulla Reddy for Abhishek Reddy, Advocates.
For the Respondents:K. Pradeep Reddy, Advocate.

ORDER

M.S. Ramachandra Rao, J. - This Revision is filed challenging the order dated 10.07.2012 in I.A.No.1289 of 2012 in O.S.No.277 of 2005 of the II Additional District Judge, Ranga Reddy District, Hyderabad.

2. The petitioner herein is the plaintiff in the above suit. He filed the suit for specific performance of an agreement of sale-receipt dated 04.04.2004. The signatures on the said document were denied by the respondents.

3. Issues were framed. Evidence of the plaintiff was closed and the matter was coming up for examination of D.W.1. At that stage, the petitioner/plaintiff filed I.A.No.1289 of 2012 under Section 45 of the Indian Evidence Act, 1872 (for short 'the Act') to send the said document to an expert in handwriting to compare the signatures thereon with the admitted signatures of respondents 1 and 2 on Exs.B1 to B4, the plaint and vakalat.

4. In the affidavit filed in support of the said application, it was contended by the petitioner that in order to establish that the document in question was executed by the respondents since D.W.1 had denied his signature as well the signature of other defendant thereon with a malafide intention, it is just and necessary to send the sa
























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