K. LAKSHMINARAYANA Vs. K. DASTHAGIRI SAHEB

JUDGEMENT

(1.) Heard Mr. S. Lakshminarayana Reddy for petitioner and Mr. T.S. Anand for 1st respondent.

(2.) The first appellant in A.S. No.31 of 2007 in the Court of II-Additional District Judge, Kurnool at Adoni is the revision petitioner. He is challenging the decree and judgment in O.S. No.47 of 1993 in A.S. No.31 of 2007. The suit of petitioner and respondents 2 to 7 for specific performance of agreement of sale was decreed. The present application is filed for sending Exs. A-9 and A-10 to Government Finger Print Expert for opinion under Section 45 of the Evidence Act. The prayer was rejected. Hence, the revision.

(3.) Mr. Lakshminarayana Reddy vehemently challenges the findings recorded by the learned District Judge on the ground that the reasoning suffers from a basic failure, as the prayers in these two applications viz., I.A. No.427 of 2006 in O.S. No.47 of 1993 and I.A. No.151 of 2017 in A.S. No.31 of 2007 are distinct and separate. According to him, the report helps the appellate Court which is the final Court on an issue of fact in arriving at correct findings. Therefore, he prays for setting aside the order and allowing the revision.