Smt. Saloni Devi Jaiswal v. Smt. B. Rukkamma (Died)

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.1323 OF 2015 ORDER:

This revision petition, under Article 227 of the Constitution of India, is filed aggrieved by the docket order, dated 05.12.2014, passed in R.C.No.32 of 2010 by the I Additional Rent Controller, Hyderabad.

Earlier, the Court below, by order, dated 11.07.2013, passed in I.A.No.183 of 2013 has sent the documents in Exs.R20 to R25 along with the admitted signature of the respondent - Ms. B. Uma Rani to the expert for comparison. The Director of Forensic Science Laboratory has returned the said documents stating that unless contemporary signature of the respondent is provided, it is not possible to offer any opinion. In spite of the best efforts made by the petitioners, as the respondent has not furnished any contemporary document to send the same for comparison, the petitioners have again made a request to send the very same documents for comparison, but, the Court below, by impugned order, dated 05.12.2014, has rejected the same.

If the respondent is not producing the document, which is claimed to be in her custody, it is open to the petitioners to request the Court to draw an adverse presumption, but there is no reason for making the very

same request without furnishing the signature of the contemporary period. Hence, I do not find any merit in this revision petition, so as to interfere with the impugned order.

Accordingly, the revision petition is dismissed. Miscellaneous Petitions, if any, pending in this revision petition, shall stand closed. No costs.

______________________ R. SUBHASH REDDY, J August 28, 2015 MD