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High Court of Andhra Pradesh · body

2025 DAILYLAW 3851 (AP)

Kalapala Subba Rao, v. Bollineni Satyanarayana,

CRP/468/2025 · 2025-07-31

K Suresh Reddy

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010022282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 468 OF 2025 Petition under Article 227 of the Constitution of India, aggrieved by the order dated 22.10.2024 passed in I.A. No. 262 of 2024 in O.S. No.26 of 2019 on the file of Principal Civil Judge (Senior Division) at Eluru, West Godavari District. Between: Kalapala Subba Rao, S/o. Late Madhavayya, Aged about 73 Occ: Retd Teacher, R/o. D.No.17-154, Satyanarayanapuram Village Denduluru Mandal, West Godavari District, A.P years, ...Petitioner AND Bollineni Satyanarayana, S/o. Naga Bhushanam, Aged about 48 years, Occ: Cultivation Mandal, West Godavari District, A.P R/o. D.No.1-64, Badarala Village Lingapalem ...Respondent lA NO: 1 OF 2025 Petition under Section 151 CPC, praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in O.S. No.26 of 2019 on the file of Principal Civil Judge (Senior Division) at Eluru, West Godavari District pending disposal of this C.R.P. No. 486 of 2025. t Counsel for the Petitioner: Sri A.S.Narayana Counsel for the Respondent: Sri Madhava Rao Nalluri The Court made the following order: APHC010022282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY CIVIL REVISION PETITION NO: 468/2025 Between: 1.KALAPALA SUBBA RAO,, S/0. LATE MADHAVAYYA, AGED ABOUT 73 YEARS, OCC- RETD TEACHER, SATYANARAYANAPURAM VILLAGE DENDULURU MANDAL, WEST GODAVARI DISTRICT, A.P R/0. D.NO.17-154 ...PETITIONER AND 1.BOLLINENI SATYANARAYANA, S/0. NAGA BHUSHANAM, AGEDA R/0. D.NO.1-64, ABOUT 48 YEARS, OCC- CULTIVATION BADARALA VILLAGE, LINGAPALEM MANDAL, WEST GODAVARI DISTRICT, A.P ...RESPONDENT Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to may be pleased to allow the CRP by setting aside the order dated 22.10.2024 passed in. lA No. 262 of 2022 in OS No.26 of 2019 on the file of Principal Civil Judge (Sr. Division) at Eluru, West Godavari District by enabling the Petitioner to get the signatures compared by Government Forensic laboratory Vijayawada and pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to stay of all further proceedings in O.S No.26 of 2019 on the 1 file of Principal Civil Judge (Sr. Division) af Eluru, West pending disposal of this C.R.P. No. of 2025 and to Counsel for the Petitioner: 1.AS NARAYANA Counsel for the Respondent: 1.MADHAVA RAO NALLURI Godavari District pass The Court made the following ORDER: Questioning the order dt. 22.10.2024 passed in I.A.No.262/2022 in O.S.No.26/2019 by the learned Principal Civil Judge (Senior Division), Eluru, dismissing the said I.A., the petitioner filed present Civil Revision Petition under Article 227 of the Constitution of India. 2. The respondent herein filed O.S.No.26/2019 for recovery of money on the basis of a promissory note marked as Ex.A.1. Ex.A.1 promissory note was executed on 16.09.2014. Subsequently, the defendant made endorsement making part payment on 04.09.2017 and the endorsement was marked as Ex.A.2. The petitioner is contesting the suit by filing written statement, contending that Ex.A.1 is rank forgery. an He pleaded in his written statement 3. During pendency of the suit, the petitioner filed I.A.No.262/202 2, under Section 45 of the Indian Evidence Act, seeking to send Exs.A.1 & A.2 to the Government Forensic Laboratory, Vijayawada, for comparison with the admitted signatures in the enclosed documents which original Ration card and original Employee Pension I.D. card. are 4. The respondent herein filed counter opposing the said I.A. After hearing both sides, the learned Principal Civil Judge (Senior Division), Eluru, dismissed the I.A. by way of impugned order. ■0 5. Learned counsel for the petitioner contends that right from the ' stage of written statement, he has taken a stand that the suit promissory note was forged. He further contended that to establish his defence he has filed I.A.No.262/2022 seeking to send the said documents to the Government Forensic Laboratory to ascertain the genuineness of his signatures. As such, he requests this Court to allow the Civil Revision Petition by setting aside the impugned order. 6. On the other hand, learned counsel for the respondent opposed the Civil Revision Petition contending that the suit promissory note is ' dated 16.09.2014, whereas Ration card is dated 21.06.2007 and the original Employee Pension I.D. card was dated much 30.04.2006. prior to As such, there is a long time gap between the suit promissory note and the above documents. Hence, he sought to dismiss the present Civil Revision Petition. 7. This Court perused the entire material on record. 8. As seen from the record, the suit promissory note is dated 16.09.2014 and the endorsement was dated 04.09.2017. Whereas, the documents sought to be compared were dated 21.06.2007 and earlier. As such, there is a long time gap between the admitted documents and Exs.A.1 & A.2. Hence, they cannot be tallied with each other in view of time gap. The petitioner has not filed documents for comparison. any contemporaneous 9. In view of the above, there are no grounds to interfere with the order passed by the learned Principal Civil Judge (Senior Eluru, in I.A.No.262/2022 in O S.No.26/2019, dated 22.10.2024. Division) Accordingly, this Civil Revision Petition is dismissed at the admission stage. No order as to costs. As a sequel, interlocutory applications pending, if any, shall also stand closed. Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Principal Civil Judge (Senior Division) at Eluru, West Godavari District. 2. Ond CC to Sri A;:S.Narayana, Advocate [OPUC] 3. One CC to Sri M^fiava Rao Nalluri, Advocate [OPUC] 4. Two CD Copies^ GPC vna HIGH COURT DATED: 01/08/2025 ORDER C' ‘ SEP 20^ aicffis^ CRP NO. 468 OF 2025 DISMISSING THIS CIVIL REVISION PETITION WITHOUT COSTS