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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION Nos.1478, 1639, 1653 AND 1740 OF 2019

COMMON ORDER:

These civil revision petitions are filed under Article 227 of the Constitution of India, challenging the order passed in the petitions filed under different provisions of law, challenging the interlocutory orders which are tabulated hereunder:

S.No CRP No IA No In O.S.No Provision of law under which I.A. is filed
1 1478 of 2019 839 of 2018 78 of 2012 Order XVI Rule 1 and Section 151 C.P.C
2 1639 of 2019 840 of 2018 78 of 2012 Order XVI Rule 1 and Section 151 C.P.C
3 1653 of 2019 838 of 2018 78 of 2012 Section 151 C.P.C
4 1740 of 2019 841 of 2018 78 of 2012 Order XVI Rule 1 and Section 151 C.P.C
As the petitioners and respondents are one and the same in all the four civil revision petitions filed in O.S.No.78 of 2012 passed by the Senior Civil Judge, Puttur on 07.03.2019, dismissing the petitions filed by the petitioners, the main order was passed in I.A.No.838 of 2018 and as a consequential of dismissal, I.A.Nos.839, 840 and 841 of 2018 were also dismissed. Therefore, it is appropriate to advert to the allegations made in the affidavit filed in support of I.A.No.838 of 2018, which is the subject matter of C.R.P.No.1653 of 2019.

I.A.No.838 of 2018 was filed under Section 151 of Civil Procedure Code to reopen the evidence on behalf of the petitioners in the suit to refer the disputed signatures on Ex.B-2 unregistered Will dated 24.01.1988 and compare those signatures with signatures of late G. Chengama Naidu, available on the registered sale deed dated 10.04.1987 vide Document No.1027/2018 executed in favour of Kampalli Anjaneyulu Naidu s/o K. Siddama Naidu of Rappunjayarajupuram village of SR Puram Mandal and the signature on Document No.1050/1987 executed in favour of Bhupathy Venkatapathy Naidu to the expert for comparison and his opinion, alleging that the suit was posted for arguments and the plaint schedule properties are the ancestral properties of the petitioners, they were registered in the name of father of the petitioners namely G. Lokanadhan Naidu s/o G. Chengama Naidu. The defendants filed unregistered Will dated 21.01.1988 marked as Ex.B-2 through D.W.1 and it is forged document. The defendants with active collusion with D.Ws. 2 and 3 forged the signature of their paternal grandfather namely G. Chengama Naidu to knock away the plaint schedule properties to evade their respective share for the reasons best known to the defendants and their kith and kin. The petitioners grandfather namely G. Chengama Naidu never executed Ex.B-2 Will during his lifetime and the defendants, witnesses along with others with active collusion have forged signature of G. Chengama Naidu on the alleged Will under Ex.B-2 for the purpose of defeating the claim of these petitioners in the main suit and that G. Chengama Naidu expired long back. The signatures of G. Chengama Naidu are available on various registered sale deed executed by him and they are as follows:

1. Registered Sale Deed dated 25.06.1987 executed by Gudeti Chenganma Naidu in favour of Gudeti Sidhama Naidu vide document No.1024/1987.

2. Registered Sale Deed dated 25.06.1987 executed by Gudeti Chenganma Naidu in favour of Seenu Reddy vide document No.1025/1987.

3. Registered Sale Deed dated 25.06.1987 executed by Gudeti Chenganma Naidu in favour of Kampalle Pedhabha Naidu vide document No.1026/1987.

4. Registered Sale Deed dated 25.06.1987 executed by Gudeti Chenganma Naidu in favour of Kampalle Anjaneyulu Naidu vide document No.1027/1987.

5. Registered Sale Deed dated 18.07.1987 executed by Gudeti Chenganma Naidu in favour of Pathapati Parijathan Naidu and another vide document No.1148/1987.

6. Registered Sale Deed dated 18.07.1987 executed by Gudeti Chenganma Naidu in favour of Balla Venkatapathy Naidu vide document No.1149/1987.

7. Registered Sale Deed dated 18.07.1987 executed by Gudeti Chenganma Naidu in favour of Bhuyapti Venkatapathy Naidu vide document No.1150/1987.

Despite the request made by these petitioners to provide a copy o

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