HON’BLE SRI JUSTICE K. LAKSHMAN CIVIL REVISION PETITION No.3396 OF 2025

ORDER

Heard Sri Nadipally Ananda Rao, learned counsel for the petitioner.

2. Despite Service of notice, there is no representation on behalf of the respondent.

3. The petitioner herein has filed a suit vide O.S.No.11 of 2024 against the respondent herein seeking specific performance of agreement of sale dated 08.12.2021. In the said suit, respondent/defendant had filed written statement contending that the said agreement of sale dated 08.12.2021 is a fake one and she has disputed her signature on the said agreement of sale. According to the learned counsel for the petitioner, trial Court has framed issues and posted the suit for trial.

4. The respondent had filed an application under section 45 of the Indian Evidence Act, 1872, vide I.A.No.283 of 2025 in O.S.No.11 of 2024 contending that she is disputing her signature on the said agreement of sale, dated 08.12.2021 on the non-judicial stamp paper dated 08.02.2021. Therefore, to prove the said contention, the said agreement of sale has to be sent to an expert for opinion.

5. The petitioner opposed the said application contending that the said application was filed a