PABOLU PRAMEELA RANI, W/O ANJANEYULU, 30 YEARS, R/O D.NO. 12 Vs. BOGI PRASANTHI, W/O SRINIVASA, 33 YEARS, R/O D.NO. 9

JUDGEMENT

(1.) This civil revision petition arises out of order dated 06-01-2017 in I.A. No. 713 of 2016 in O.S. No. 46 of 2016 on the file of the Court of Junior Civil Judge, Gajuwaka (for short, 'the Court below').

(2.) I have heard Smt. B.V. Aparna Lakshmi, learned counsel for the petitioner, and perused the record.

(3.) The petitioner filed the aforementioned suit for permanent injunction restraining the respondents from alienating plaint C schedule property to third parties without offering the same to her at the first instance as per the preemption clause in agreement dated 08-11-2013 allegedly entered between herself and the respondents. The respondents filed a written statement, wherein it is inter alia averred that they have not entered into any agreement much less agreement dated 08-11-2013 and the said agreement is a fabricated document with an intention to grab the property. It is further alleged that the petitioner might have created the said document with forged signatures of the respondents. It is further stated that the respondents are ready to send the alleged agreement to handwriting expert. As pleaded by them in the written statement, the respondents have filed I.A.No. 713 of 2016 under Sec. 45 of the Indian Evidence Act, 1872 (for short, 'the Act'), read with Sec. 151 of the Code of Civil Procedure for sending the alleged suit agreement to handwriting expert for comparison of their admitted signatures with that contained on the suit document. The petitioner filed a counter affidavit opposing the said application. However, by the order under revision the Court below has allowed the I.A.