LAWS(APH)-2016-12-34

TAKKELLA RADHAKRISHNAIAH AND TWO OTHERS Vs. GANIPAINENI NAGARAJU

Decided On December 23, 2016
Takkella Radhakrishnaiah And Two Others Appellant
V/S
Ganipaineni Nagaraju Respondents

JUDGEMENT

(1.) This Civil Revision Petition is directed against the docket order dated 08.03.2016 passed by the learned Additional District Judge, Nellore in I.A. No.146 of 2016 in O.S. No.177 of 2011.

(2.) The case of the petitioner is that the signatures and the matter in the promissory note dated 20.02.2010 were filled up on different dates. He filed an Application seeking to send the same for scientific examination through experts. That Application came to be dismissed, taking into consideration the judgment rendered by this Court in Kambala Nageswara Rao Vs. Kesava Balakrishna (2014)(1) ALT 636 = 2014 (1) ALD 521 , wherein it has been noticed that as of date, no expert is available to determine such aspect.

(3.) Learned counsel for the petitioner places reliance upon Paragraph 10 of the judgment of the Supreme Court in T. Nagappa Vs. Y.R. Muralidhar 2008 (3) ALT (Crl. 62(SC) = AIR 2008 SC 2010 , where under, in similar circumstances, the Application of this nature came to be allowed.