MANDUVA HANUMANTHA RAO Vs. MANDUVA SRINIVASA RAO

JUDGEMENT

(1.) The petitioner herein, who is the plaintiff in O.S.No.374 of 2014 on the file of the Family-cum-VIII Additional District Judge, Prakasam at Ongole, filed suit for partition against the respondents/defendants. The petitioner/plaintiff and the 1st respondent/ 1st defendant are the sons of Manduva Seshaiah, born in wedlock with Venkata Subbamma.

(2.) In the said suit, the petitioner-plaintiff filed I.A.No.1565 of 2024 under Order 7 Rule 14(3) and Sec. 151 of C.P.C. to receive the original partition deed dtd. 26/3/1997 in the place of Ex.B.1 to compare the disputed signatures with the unregistered Will Ex.B.5 with the admitted signature i.e., Manduva Seshaiah, who is the father of the petitioner-plaintiff and 1st respondent-1st defendant, in the original partition deed, as the certified copy of the original registered partition deed cannot be compared with Ex.B.5-Will, to disprove the Will executed by Manduva Seshaiah.

(3.) The said application I.A.No.1565 of 2024 was dismissed by the trial Court on the ground that the petitioner is unable to explain the day- to-day delay for not filing the same and it is the duty of the petitioner to seek condonation of delay and no such explanation was offered by the petitioner for not filing the delay condonation petition.