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2022 Supreme(AP) 368

SUBBA REDDY SATTI
Malampati Sesharao S/o Krishna Rao – Appellant
Versus
Sudanagunta Srinivasarao S/o Chandrarao – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Pavan Kumar Pasupuleti.
For the Respondent: V. Nitesh.

ORDER :

1. Defendant in the suit filed the above revision against the order dated 05.07.2022 in I.A. No. 435 of 2022 in O.S. No. 296 of 2014 on the file of Principal District Judge, Prakasam at Ongole.

2. Plaintiff filed the suit O.S. No. 296 of 2014 against the defendant seeking specific performance of agreement of sale dated 20.09.2013 or alternatively for refund of an amount of Rs. 19,70,000/- with 24% interest.

3. Defendant filed written statement and pleaded forgery. He also pleaded that defendant filed I.P. No. 52 of 2014 and showed one Katari Srinivasulu, as one of the respondents and in the said I.P. the schedule property is shown as one of the items; that the said Srinivasulu obtained his signature on empty 100 rupee non-judicial stamps as surety and also original documents of item Nos. 1 and 2 of schedule property and the said Srinivasulu took the services of plaintiff and got filed the present suit and thus, prayed to dismiss the suit.

4. When the suit was coming for further evidence of defendant, I.A. No. 435 of 2022 was filed under Section 45 of the Indian Evidence Act to send the agreement of sale dated 20.09.2013 to the expert for comparing the signatures on agreement of

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