Mohd Layaq Ali v. Kubra Bee

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO CIVIL REVISION PETITION No.2073 of 2015 ORDER:

This revision is preferred by the defendant in the suit aggrieved by the orders passed by the learned Senior Civil Judge at Vikarabad, Ranga Reddy District, in I.A.No.102 of 2015 in O.S.No.131 of 2015. The plaintiff, the respondent herein is the mother of the petitioner in this revision. She filed I.A.No.102 of 2015 seeking a direction from the Court to the petitioner herein, who is the defendant in the suit to produce the original gift settlement deed bearing document No.1728/2002 dated 16.08.2002. The reason why the plaintiff/mother asked for production of the original gift settlement deed dated 16.08.

2002 is that, she has specifically asserted that she did not execute any such gift settlement deed in favour of the defendant in the suit who is the petitioner herein and that she has not affixed her thumb impressions and that the document itself is a fabricated one and some one has obviously impersonated the plaintiff in the suit for purpose of execution and registration of the said gift settlement deed. In view of the serious nature of allegations leveled by the plaintiff/mother, the Court below ordered I.A.No.102 of 2015.

It is for the petitioner to produce the document as directed by the Court, so that, the same will be forwarded to the Forensic Science Laboratory (FSL) after obtaining the thumb impressions of the plaintiff in the Court, for purposes of comparison with the thumb impressions found on the allegedly fabricated gift settlement deed. Hence, it is for the petitioner to produce the document in question and get the same scrutinized by the Forensic Science Laboratory or allow the Court to draw an adverse inference against him. Therefore, I do not see any reason whatsoever for admitting this revision and it is accordingly dismissed, as the Court below has not committed any error of jurisdiction in deciding I.A.No.102 of 2015.

Accordingly, the civil revision petition stands dismissed.

Consequently, miscellaneous applications pending if any, shall also stand dismissed. No costs. _______________________________________ JUSTICE NOOTY RAMAMOHANA RAO 09.10.2015

sp