KADIYAM MURALI KRISHNA Vs. NALAM SRIMANNARAYANA MURTHY

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is filed against the Order dtd. 29/7/2022 passed in I.A. No. 29 of 2020 in O.S.No.236 of 2007 on the file of the Additional Senior Civil Judge, Tenali, whereby petition filed by the respondent No.1/ plaintiff in the suit, under Sec. 45 of the Indian Evidence Act, 1872 to send Ex.A4 to the Government Expert, Finger Print Bureau, CID, Mangalagiri for comparison of the thumb impressions of Tattukolla Nagaiah and Kadiyam Appalamma on the said document with their admitted thumb impressions, was allowed.

(2.) Respondent No.1 herein filed the aforesaid suit seeking cancellation of gift deed dtd. 29/3/2007 said to have been executed by Kadiyam Appalamma in favour of 1st petitioner and also for cancellation of sale deed dtd. 30/7/2007 executed by 1st petitioner in favour of 2nd respondent herein, in respect of the plaint schedule property.

(3.) As per the averments in the petition, the suit schedule property originally belonged to one Tattukolla Nagarattamma. She bequeathed the said property in favour of Kadiyam Appalamma giving life interest to Tattukolla Nagaiah. Both the said persons sold the said property in favour of adopted father of 1st respondent/ plaintiff Nalam Narasimha Rao for valuable sale consideration under registered sale deed dtd. 8/8/1973 and delivered possession of the said property. Since then, the purchaser had been in possession of the property till his death on 10/9/1981 and thereafter respondent No.1 is in possession thereof, being the only legal heir to him. 1st petitioner brought into existence a gift deed dtd. 29/3/2007 executed by his mother K.Appalamma in respect of the plaint schedule properties and other properties. Pursuant to the same, he sold the plaint schedule property in favour of 2nd respondent herein, under registered sale deed dtd. 30/7/2007. After coming to know about the aforesaid gift deed and sale deed, the present suit is filed seeking cancellation of the said documents.