Vedam Krishna Murthy v. Parsineti Subhashini
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITION No.2939 OF 2017 ORDER:
The Civil Revision Petition is filed questioning the order dated 06.03.2017, passed by the Senior Civil Judge, Kovur, S.P.S.R Nellore District in I.A.No.226 of 2016 inO.S.No.9 of 2003. It is the case of the petitioners that the agreement of sale dated 06.08.1997 is a forged document and the purported signatures of late Vedam Venkataramanaiah and Vedam Saraswathamma who are none other than the junior paternal uncle and the mother of the 1st petitioner. Petitioners also filed another I.A.No.250 of 2016 in O.S.No.9 of 2003 seeking to send the said document to the forensic expert for the purpose of ascertaining the genuineness of the signatures.
Simultaneously, the application in I.A.No.226 of 2016 is filed with a prayer to send the said document to the Government Printing Press, Nasik for ascertaining the genuineness and also the date and time of printing of the stamp paper. The said I.A.No.226 of 2016 was dismissed and challenging the dismissal of the impugned I.A, the present civil revision petition is filed.
Heard the learned counsel for the petitioners. None appeared for the respondents.
It may be noted that for the first time by seeking to frame an additional issue in the said suit and the validity of the genuineness of the signatures on the said document were raised. Thereafter, the above said two applications were filed. One application in I.A.No.250 of 2016 was filed seeking to send the document dated 06.08.1997 for expert's opinion in relation to the signature of the paternal uncle of the 1st petitioner. Like wise one another application in I.A.No.226 of 2016 was filed seeking to send the same document for verification of the signatures of the
mother of the 1st petitioner to the Government Press, Nasik. The application filed seeking to send the document for verification of the signature of the paternal uncle of the 1st petitioner was allowed as the contemporaneous admitted signatures were available as they were filed with the application. However, the application filed in I.A.No.250 of 2016 was rejected and questioning the same, a Civil Revision Petition No.2834 of 2017 was filed and the same is pending before this Court. The prayer in the present civil revision petition is to send the document to Security Press, Nasik for ascertaining the date, time and printing of the said document.
The Court below after hearing both sides dismissed the same setting out the reason that the genuineness of the stamp paper was not doubted and there was no plea taken about the genuineness of the stamp paper. Further, the Court below also found that the source of stamp paper can be ascertained as is evident from the Registered Stamps Vendor's signature and number and the series under which the stamp vendor came to procure the same. As the reasoning given by the learned trial Judge cannot be found fault and at any rate there being no plea with respect to the genuineness of the stamp paper, no useful purpose would be served by sending the said document to the Government Security Press, Nasik. There are no merits in the revision. Accordingly, the civil revision petition is dismissed.
Miscellaneous Petitions, if any pending in this civil revision petition shall also stand closed. No order as to costs.
__________________________ CHALLA KODANDA RAM Date:07.07.2017 Gk
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITION No.2939 OF 2017 Date:07.07.2017 Gk