DAMMALA VENKATA LAXMI Vs. D. SANTHAMMA

JUDGEMENT

(1.) The present Civil Revision Petition is filed, under Article 227 of the Constitution of India, against the order, dated 18.02.2020 made in I.A.No.157 of 2020 in O.S.No.52 of 2013, whereunder the learned I-Additional District Judge, Khammam, dismissed the application filed by the petitioner/plaintiff, under Section 45 of the Indian Evidence Act, for sending Ex.B1 certified copy of the registered sale deed, dated 10.05.2011, and Ex.B1-Will Deed dated 10.02.1996, to any Handwriting Expert for comparison of signatures of one A.Nageswar Rao and opinion by condoning the delay if any.

(2.) The facts, in issue, are as under:

(3.) Respondents/Defendants filed counter contending that the said petition filed for comparison of signature of one A.Nageswara Rao, who is one of the witnesses on Ex.B1-Will Deed, dated 10.02.1996, with that of his signature on certified copy of the registered sale deed No.1853/2011, dated 10.05.2011 by an expert is not tenable and without any justification. It is also contended that pertinently signature of said A.Nageswara Rao, appearing on certified copy of the registered sale deed No.1853/2011 is a Xerox copy, which cannot be compared and more so, the signature of A.Nageswara Rao on the registered sale deed No.1853/2011 is not contemporaneous with his signature on Ex.B1-Will Deed, pertaining to the year 1996 and prayed to dismiss the said petition.