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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Alaksani Sridhar Babu – Appellant
Versus
Kampa Thirupathaiah – Respondent
| Table of Content |
|---|
| 1. expert analysis requested pre-trial. (Para 2 , 3 , 4 , 10) |
| 2. disputed signatures require expert assessment. (Para 5 , 8) |
| 3. court's dismissal reasons found unsustainable. (Para 9 , 11) |
ORDER:
Heard Sri M.Damodar Reddy, learned counsel for the revision petitioner. Though notice is served on the respondent, none appeared on behalf of the respondent. Perused the record.
3. The brief facts giving rise to the filing of the present revision petition are that the respondent/plaintiff has filed a suit in O.S. No. 36 of 2019 for specific performance of agreement of sale dated 09.07.2017 for a direction to the revision petitioner/defendant to execute a registered sale deed with respect to suit schedule property constituting of land admeasuring Ac.1-00 guntas in Survey No. 84/A, agricultural land admeasuring Ac.1-00 guntas in Survey No. 184/AA, total land admeasuring Ac.2-00 guntas, situated at Pulijala village and gram panchayat, Achampet Mandal, Mahaboobnagar District, Telangana State. In the said suit, the revision petitioner/defendant denied the execution of Koulu bhoomi oppandamu dated 25.03.2012, agreement of sale dated 09.07.2017 and receipt dated 09.07.2017. There is a
Pre-trial submission for handwriting expert analysis does not have a fixed timeline under the Indian Evidence Act.
The main legal point established in the judgment is the importance of expert opinions on identity of handwriting and the comparison of signatures, as provided under Section 45 and Section 73 of the I....
Expert opinions on signatures require reliable, contemporaneous documents for comparison; belated applications lack merit.
The allowance of pre-trial applications to send disputed documents for Expert opinion is improper and constitutes a material irregularity.
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