HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.2392 of 2014 Date : 7-11-2014 Between :
S. Srinivas .. Petitioner And Kilaru Ramesh and another .. Respondents Counsel for petitioner : Sri Pottigari Sridhar Reddy Counsel for respondents : Sri Resu Mahender Reddy The Court made the following order ORDER:
This Civil Revision Petition arises out of order dated 16-7-2014 in I.A.No.181 of 2012 in O.S.No.830 of 2008 on the file of the learned XVI Additional District & Sessions Judge, Malkajgiri, Ranga Reddy District.
The petitioner filed the above mentioned suit for perpetual injunction based on agreement of sale-cum-General Power of Attorney (with possession) dated 31-7-2003. The respondents, who are defendants in the said suit filed I.A.No.181 of 2012 under Section 45 of the Indian Evidence Act, 1872 for sending the said agreement of sale dated 31- 7-2003 and agreement of sale-cum-General Power of Attorney dated 12-9-1990 to an expert for comparison of their signatures on the said agreements of sale with their signatures on the Vakalat and plaint in O.S.No.1048 of 2009 which was filed by them for declaration that the said documents are null and void and not binding on them. Though the petitioner/plaintiff has filed a counter-affidavit opposing the said application, the lower Court by cryptic order dated 16-7-2014 allowed the same.
At the hearing, Sri Pottigari Sridhar Reddy, learned Counsel for the petitioner, has submitted, and in my view rightly, that the disputed signatures of the respondents/defendants cannot be compared with their signatures which were subscribed in the suit filed by them after the filing of the suit by the petitioner. The lower Court has completely glossed over this objection and erroneously allowed the application. Hence, the order of the lower Court is set-aside.
Sri Resu Mahender Reddy, learned Counsel for the respondents/defendants submitted that his clients have Passports and other documents, which were in existence much prior to the filing of both the suits and that they may be permitted to produce those documents before the lower Court for comparison of the signatures.
In order to avoid further consumption of time, this request of the learned Counsel for the respondents/defendants is accepted. I.A.No.181 of 2012 is remanded to the lower Court. Within one month from the date of receipt of this order, the respondents/defendants shall file the documents which they propose to send to an expert for comparison of the signatures with their signatures on the disputed documents. After giving an opportunity of being heard to the petitioner/plaintiff, the lower Court shall pass a fresh order in I.A.No.181 of 2012 within two months from the date of receipt of this order.
Subject to the above directions, the Civil Revision Petition is disposed of.
As a sequel to the disposal of the Civil Revision Petition, interim order dated 22-8-2014 is vacated and CRPMP No.3345 of 2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 7-11-2014 AM