APHC010190582023 IN THE HIGH COURT OF ANDHRA PRADESH [3333]

AT AMARAVATI (Special Original Jurisdiction)

THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 1220/2023 Between:

1. A NKAM NOOKA RAJU, S/O.TATAYYA, HINDU, AGED 52 YEARS, RESIDENT OF PALACHERLA VILLAGE, RAJ ANAGARAM MANDAL, EAST GODAVARI DISTRICT.

...PETITIONER AND

1. D EVIREDDY SUBBA RAO, S/O.VEERANNA, HINDU, AGED 59 YEARS, RESIDENT OF PALACHERLA VILLAGE, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT.

2. A NKAM YEDUKONDALU, , S/O.TATYYA, HINDU, AGED

49 YEARS, CULTIVATION, RESIDENT OF PALACHERLA, RAJ ANAGARAM MANDAL, EAST GODAVARI DISTRICT.

3. N EELAPALA VEERA RAGHAVA RAO, S/O.TATAYYA, HINDU, AGED 49 YEARS, CULTIVATION, R/O. OF PALACHERLA, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT

4. A NKAM SATYANARAYANA, , S/O.TATAYYA, HINDU, AGED 43 YEARS, CULTIVATION, RESIDENT OF PALACHERLA, RAJ ANAGARAM MANDAL, EAST GODAVARI DISTRICT (RESPONDENTS NO.2 TO 4 ARE NOT NECESSARY PARTIES IN THIS CRP, AS THEY ARESET EXPARTEE IN THE SUIT)

...RESPONDENT(S):

Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to set aside the order dated 10-04-2023 passed in I.A. No. 89 of 2023 in O.S. No.10 of 2016 on the file of the I Additional Senior Civil Judge at Rajamahendravaram and allow the I.A. No. 89 of 2023 in O.S.No.10 of 2016 and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay of all further proceedings in O.S. No.10 of 2016 on the file of the I Additional Senior Civil Judge at Rajamahendravaram and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to vacate the interim order Dt.05.05.2023 passed in I.A. No. 1/2023 in C.R.P. No. 1220/2023 and dismiss the present civil revision petition with exemplary costs in the interests of the justice Counsel for the Petitioner:

1. SATYANARAYANA NIMMALA Counsel for the Respondent(S):

1. MANGENA SREE RAMA RAO The Court made the following:

ORDER

The present Civil Revision Petition is filed under Article 227 of Constitution of India against the order dated 10.04.2023 in I.A.No.89 of 2023 in O.S.No.10 of 2016 passed by the learned I Additional Senior Civil Judge, Rajamehendravaram, dismissing the petition filed under Section 45 of Indian Evidence Act to forward Exs.A1 and A2 to the Handwriting Expert for examination with admitted signatures of the petitioner/1^st defendant.

2. The revision petitioner herein is the 1^st defendant, 1^strespondent herein is the plaintiff and respondents 2 to 4 are the defendants 2 to 4 in O.S.No.10 of 2016. For the sake of convenience, the parties will be referred as they are arrayed before the Court below.

3. The plaintiff filed the suit O.S.No.10 of 2016 for specific performance of agreement of sale dated 15.07.2012 in respect of the plaint schedule property. The 1^st defendant filed his written alleging that the plaintiff himself created a false and fabricated agreement to reap unlawful gain. Pending the suit, the 1^st defendant filed I.A.No.89 of 2023 under Section 45 of Indian Evidence Act seeking to send Ex.A.1 and A.2 to the Handwriting Expert for comparison of disputed signatures of the executant of the disputed agreement of sale along with the admitted signatures of the 1^st defendant. The said petition was dismissed holding that contemporaneous signatures of the 1^st defendant are not filed before the court. Assailing the said order, the present Civil Revision Petition came to be filed.

4. Heard learned counsel for the petitioner and learned counsel for the respondents.

5. Learned counsel for the petitioner, while reiterating the contents of the affidavit, submitted that the C