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2025 Supreme(AP) 920

HIGH COURT OF ANDHRA PRADESH
TARLADA RAJASEKHAR RAO
Manduva Hanumantha Rao – Appellant
Versus
Manduva Srinivasa Rao – Respondent


Advocates Appeared:
For the Petitioner: N SASIKALA
For the Respondent: MADHAVA RAO NALLURI

ORDER :

TARLADA RAJASEKHAR RAO, J.

The petitioner herein, who is the plaintiff in O.S.No.374 of 2014 on the file of the Family-cum-VIII Additional District Judge, Prakasam at Ongole, filed suit for partition against the respondents/defendants. The petitioner/plaintiff and the 1st respondent/ 1st defendant are the sons of Manduva Seshaiah, born in wedlock with Venkata Subbamma.

2. The said suit was defended by the 1st respondent-1st defendant on the ground that there is already a partition has taken place, vide registered partition deed vide document No.1076/1997 dated 26.03.1997 and also has taken another stand that the father of the petitioner has executed a Will dated 15.10.1998 in favour of the 1st respondent/defendant.

3. In the said suit, the petitioner-plaintiff filed I.A.No.1542 of 2024 under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023, to send the unregistered Will Ex.B5 which is said to have been executed by M.Seshaiah for expert opinion to compare the signatures of M.Seshaiah with the admitted signatures in the registered partition deed dated 26.03.1997, to disprove the said Will as fabricated.

4. The said I.A.No.1542 of 2024 was dismissed vide order dated 29.10.2024 o

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