IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

FRIDAY, THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

CIVIL REVISION PETITION NO: 2071 OF 2024

Petition under Article 227 of the Constitution of India, aggrieved by the order and decree dated 19.6.2024 passed in I.A. No. 555 of 2023 in O.S. No. 185 of 2018 on the file of the II Additional Civil Judge (Senior Division), Guntur, Guntur District.

Between:

Sk. Abdul Jabbar, S/o. Abdul Rouf, aged 60 years, R/o. D.No. 19-16-21/3, 1/1 Bapuji Colony, Indirapriyadarshini Colony, Sangandugunta, Guntur Town and District.

...Petitioner/ Petitioner/Defendant

AND

Ganda Anasurya, W/o. Late Prabhakar Reddy, age 60 years, R/o. No. 19-15-317/58, Indirapriyadarsini Colony, Sangadigunta, Guntur Town and District.

...Respondent/ Respondent/Plaintiff

ViA<NQ: ¹ OF 2024

J

K

Petition under Section ¹⁵¹ CPC praying that in the circumstances in the affidavit filed in support of the petition, the High Court may be f)feased to stay all further proceedings in O.S. No. 185 of 2018 on the file of the II Additional Civil Judge (Senior Division), Guntur, Guntur District pending disposal of the Civil Revision Petition.

Counsel for the Petitioner: Smt. Marella Radha

Counsel for the Respondent: None appeared

The Court made the following ORDER:

APHC010326932024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3206]

FRIDAY, THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

CIVIL REVISION PETITION NO: 2071/2024

Between:

Sk. Abdul Jabbar

...PETITIONER

...RESPONDENT

AND

Ganda Anasurya

Counsel for the Petitioner:

1. MARELLA RADHA

Counsel for the Respondent:

The Court made the following Order:

The petitioner is the defendant in O.S.No.185 of 2018 on the file of the learned IV Additional Civil Judge, Senior Division, FAC.II Additional Civil Judge, Senior Division (FTC). This suit was filed by the respondent for recovery of money on the basis of a pronote.

The petitioner having taken the defence that, the said pronote was $2.$ fabricated and that his signature on the pronote was forged, filed I.A.No.555 of 2023, for sending the said pronote for comparison with the signatures

produced by the petitioner. This application filed under Section 45 of the Indian Evidence Act, 1872 was dismissed by the Trial Court on 19.06.2024.

3. The petitioner had produced Exs.BI & B7 as the documents which contain his admitted signatures and sought comparison of those signatures with the signature on ^a pronote, which had been marked as Ex.A.1. application was dismissed by the Trial Court, on the ground that, the Ex.B.1 is a certified copy of the registered mortgage deed, dated 04.03.2015 and Ex.B.2 is a certified copy of a registered mortgage release deed, dated 28.03.2016 and that the signatures in the copies of documents cannot be compared with the signature of Ex.A.1. This

4. Aggrieved by the said order, the petitioner has moved the present Civil Revision Petition.

5. Section 45 of the Indian Evidence Act, 1872, permits parties to a suit to seek expert evidence and an expert opinion on the question of whether the signatures in the documents exhibited in the Court are the signatures of the parties, who are alleged to have signed the documents, by sending disputed signatures for comparison with contemporary, admitted signatures. This would mean that, the signatures would have to be original signatures on documents, which are accepted by the other side or public documents of the contemporary period. the

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In the present case, no original document has been produced and 6. certified copies of some registered documents cannot be the basis on which signatures can be compared.

7. With these reasons, this Civil Revision Petition is dismissed. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

SD/- P.U.V.BHASKARA RAO ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

NB

To,

1. The II Additional Civil Judge (Senior Division), Guntur, Guntur District.

2. One CC to Smt Marella Radha Advocate [OPUC]

3. Three CD Copies

stu

PRK

HIGH COURT

DATED: 27/09/2024

ORDER CRP.No.2071 of 2024

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DISMISSING THE CIVIL REVISION PETITION