IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.3427 of 2014 BETWEEN Rethu Malathi and another.
... PETITIONERS AND Gollaprolu Sriram Murthy.
...RESPONDENT Counsel for the Petitioners: MR. CHALLA SRINIVASA REDDY Counsel for the Respondent: --NONE APPEARED--
The Court made the following:
ORDER:
Petitioners, who are defendants in O.S.No.84 of 2011, filed an application, being I.A.No.875 of 2013, seeking direction to the Senior Divisional Personal Officer, South Central Railway, Vijayawada, to produce the specimen signatures of the late husband of the first petitioner. That application was dismissed by the Court below under order dated 27.08.2014. Hence, this revision petition.
2. The suit, as such, is a suit based on as many as three promissory notes alleged to have been executed by the late husband of the first petitioner. The suit is pending since 16.06.2011 and is coming up for evidence of the defendants. Petitioners have, at this stage, filed the aforesaid application seeking production of specimen signature form the South Central Railway. Looking at the averments in the written statement of the petitioner, in my view, the present application is only to delay the disposal of the suit. The Court below has rightly rejected the same, as the petitioners cannot be allowed to go on a fishing expedition to fish out documents for the purpose of disputing the signatures on the promissory notes. It was open for the petitioner to produce any document, which contained the admitted signature of the deceased. The order of the Court below rejecting the application, therefore, does not deserve any interference under Article 227 of the Constitution of India. The Court below shall endeavour to dispose of the suit expeditiously.
The civil revision petition is dismissed. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J October 14, 2014 DSK