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2017 Supreme(AP) 867

B.SIVA SANKARA RAO
Mekapothula Venkateswarlu – Appellant
Versus
Rachabanti Krishna Murthy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.S.R. Anjaneyalu
For the Respondent: K. Suresh Reddy

ORDER :

B. SIVA SANKARA RAO, J.

1. The revision petitioner is defendant No. 1 in O.S. No. 1673 of 2008 and unsuccessful petitioner in that pending suit in I.A. No. 296 of 2011 covered by the impugned order, dated 12.10.2011. The revision respondent No. 1 is the sole plaintiff and revision respondent Nos. 2 to 4 are the defendant Nos. 2 to 4. One M. Sarojini Devi, no other than the wife of defendant No. 1 and mother of defendant Nos. 2 to 4, being the sister of the sole plaintiff, in favour of the plaintiff as per the suit claim for specific performance based on the agreement allegedly executed by her on 09.06.1993 and that after the sale agreement, she died intestate on 21.09.2000 and thereby entitled to specific performance against the defendants and the contest by defendants is that the said Sarojini Devi never executed the so-called agreement of sale and the alleged sale agreement is a fabricated by forging her signature. It is during pendency of the trial, the defendants sought to send the said sale agreement for comparison of the disputed signature to the handwriting expert. The defendants sought so-called comparison with Ex. X-1, dated 09.06.1993, signature of Sarojini Devi, da




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