POKALA POLI REDDY DIED Vs. KAMBALA GURIVI REDDY

JUDGEMENT

(1.) The Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 11.06.2019 passed in I.A.No.166 of 2018 in I.A.No.1137 of 2017 in O.S.No.189 of 2012 by the Additional Senior Civil Judge, Kadapa, whereby the application filed under Order XIII Rule 10 of the Code of Civil Procedure seeking to summon the schedule documents 1 and 2 from Andhra Pragathi Grameena Bank at Kotha Nellore Branch and to send them to the Andhra Pradesh Forensic Science Laboratory along with suit document for examination, was dismissed.

(2.) The brief facts of the case are that the petitioners/ plaintiffs filed a suit in O.S.No.189 of 2012 against the respondent/defendant to pass a decree directing the defendant to pay the suit amount of Rs.4,61,550/- with future interest @ 18% per annum from the date of filing of the suit till the date of realization (amended as per orders in I.A.No.3679 of 2012 dated 17.07.2013), based on the original unregistered simple mortgage deed dated 18.05.2009 in respect of agricultural land to an extent of Ac.0.95 cents in Circar Punji D.No.418/A-1-A and an extent of Ac.0.25 cents in Circar Punji D.No.411/3 of Chemmullapalli Grama Polam, Chemmullapalli Gram Panchayat, Khajipeta Mandal, Kadapa District.

(3.) The respondent/defendant filed written statement denying the borrowing of a sum of Rs.3,00,000/- from the deceased plaintiff and execution of simple mortgage deed dated 18.05.2009 in favour of deceased plaintiff. He specifically pleaded that he never borrowed any amount from the deceased plaintiff at any point of time and that the alleged mortgage deed is a rank forged document. He also pleased that he never signed on the alleged mortgage deed and the signatures on the said document is not belonging to him.