Kopparthi Venkata Surya Pabhakara Rao v. Kopparthi Venkata Satyanarayana
2023-09-08
R.RAGHUNANDAN RAO
body2023
DigiLaw.ai
ORDER : 1. The respondents herein had filed O.S. No. 104 of 2015 before the Learned Senior Civil Judge, Bhimavaram for partition of the plaint schedule property and payment of past profits payable against the shares that would be allotted to the respondents. 2. The petitioners herein, who are defendants in the suit, had resisted the said suit on the ground that the said schedule property had been bequeathed to the defendants and others by way of a will executed by one Smt. K. Ramanujamma during her life time. The said will had already been marked as Exhibit No. B1. 3. The respondents herein took the plea that the said will had been forged. 4. To disprove the said plea, the petitioners moved the Trial Court by way of I.A. No. 535 of 2022, under section 45 of the Indian Evidence Act, for sending the will along with the contemporary documents containing the signature of deceased Smt. K. Ramanujamma to a hand writing expert. This application was allowed by the Trial Court and the disputed will along with the contemporary signatures of late Smt. K. Ramanujamma are said to have been sent to the Forensic Science Laboratory, Mangalagiri. However, the documents were returned by the Forensic Science Laboratory by a letter dated 19.04.2023, stating that some more documents containing the signatures of late Smt. K. Ramanujamma are required before any conclusion can be drawn. 5. The petitioners herein, could not produce any further documents and had instead filed I.A. No. 1116 of 2023 requesting the Trial Court to send the documents to a private expert. This application was dismissed by the Trial Court by an order dated 13.07.2023. The petitioners have now approached this Court by way of the present Revision Petition, being aggrieved by the said order. 6. Heard Sri P. Durga Prasad, learned counsel for petitioner and Sri Yallabandi Ramatirtha, learned counsel for respondents. 7. A perusal of the impugned order would show that an opportunity had been given to the petitioners for sending the documents to a Forensic Science Laboratory for comparison of the signatures of late Smt. K. Ramanujamma. The Forensic Science Laboratory appears to have taken the view that the necessary comparison would not be possible unless further documents containing the signatures of Late Smt. K. Ramajumma are placed before the Forensic Science Laboratory.
The Forensic Science Laboratory appears to have taken the view that the necessary comparison would not be possible unless further documents containing the signatures of Late Smt. K. Ramajumma are placed before the Forensic Science Laboratory. In that situation, sending the documents again to a private expert would not serve any purpose. 8. Accordingly, this Court does not find any reason to interfere with the orders of the Trial Court dated 13.07.2023 and the Civil Revision Petition is dismissed. There shall be no order as to costs. 9. As a sequel, pending miscellaneous petitions, if any, shall stand closed.