APHC010483252024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NOS: 2861 AND 3053 OF 2024 CIVIL REVISION PETITION NO: 2861/2024 Between: 1. SUNKARA NAVEEN KRISHNA CHAITANYA, S/O.S.V.V.SATYANARAYANA RAO, AGED ABOUT 37 YEARS, R/O.FLAT NO.302, SRI RATHNA CASTLE, RAMALAYAM STREET B.V.K.SCHOOL ROAD,VISALAKSHI NAGAR,VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. GANAPATHIRAJU VIJAYA RAMA RAJU, S/O. LATE JAGANNADHA RAJU, AGED ABOUT 69 YEARS R/O. 30-6-3,DHABA GARDENS,VISAKHAPATNAM-43. 2. SMT JAMPANA SATYAVATHI, W/O.LATE SATHYANARAYANA RAJU, AGED ABOUT 82 YEARS, R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 3. SMT JAMPANA LALITHA, W/O.LATE LAKSHMINARAYANA RAJU, AGED ABOUT 55 YEARS, R/O. R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 4. JAMPANA RAMAKRISHNA VARMA, S/O. LATE LAKSHMINARAYANA RAJU, AGED ABOUT 40 YEARS, R/O. R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 2 VS,J C.R.P.Nos.2861 & 3053 of 2024 5. SATYANARAYANA RAJU, S/O. , S/O. LATE LAKSHMINARAYANA RAJU, AGED ABOUT 47 YEARS, R/O. R/O.BONDAPALLI VILLAGEAND MANDAL, VIZIANAGARAM DISTRICT. 6. SMT DANTULURI SAVITRI, W/O.LATE RAMACHANDRA RAJU, AGED ABOUT 76 YEARS,R/O.BONDAPAILI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 7. DANTULURI CHAKRADHAR RAJU, S/O. LATE RAMACHANDRA RAJU, AGED ABOUT 48 YEARS, R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 8. BUDHARAJU NARASIMHA VARMA, S/O. LATE CHINA VENKATA RAMA RAJU,AGED ABOUT 50 YEARS, R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 9. CHIRUVURI SURYANARAYANA RAJU, S/O. LATE SEETHA RAMA RAJU, AGED ABOUT 44 YEARS, R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 10. SAGI NARAYANAMURTHY RAJU, S/O.LATE VENKATA RANGA RAJU, AGED ABOUT 65 YEARS, R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 11. DATIA VARAHA VENKATA RAMACHANDRA RAJU, S/O.SEETHARAMA RAJU AGED ABOUT 46 YEARS, R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 12. GANAPATHIRAJU PADMA SANTHI, W/O.VIJAYARAMA RAJU, AGED ABOUT 40 YEARS, R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. ( SI.NO. 2 TO 12 ARE REPRESENTED BY THEIR G.P.A. HOLDER GANAPATHI RAJU VIJAYARAMA RAJU I.E.,1ST PLAINTIFF) 13. KANCHUBARKI SANYASI, (DIED) 14. KANCHUBARIKI APPARAO, (DIED) 15. KANCHUBARKI APPALA RAJU, DIED 16. KANCHUBARKI SREENIVASA RAO, S/O.SANYASI, AGED NOT KNOWN, R/O. D.NO. 54-2-20,ISAKA THOTA,VISAKHAPATNAM. 3 VS,J C.R.P.Nos.2861 & 3053 of 2024 17. SMT KANCHUBARKI PYDIRAJU, S/O. APPA RAO, AGED NOT KNOWN, R/O. D.NO. 54-2-20,ISAKA THOTA,VISAKHAPATNAM. 18. SMT KANCHUBARKI SANYASAMMA, W/O.APPALA RAJU, AGED NOT KNOWN,R/O. D.NO. 54-2-20,ISAKATHOTA, VISAKHAPATNAM 19. SMT KANCHUBARIKI PARVATHI, W/O.SREENIVASA RAO, AGED NOT KNOWN, R/O. D.NO. 54-2-20,LSAKA THOTA,VISAKHAPATNAM. 20. KANCHUBARIKI RAMU NAIDU, S/O.LATE. APPALA NAIDU, AGED NOT KNOWN, R/O. D.NO. 54-2-20,ISAKA THOTA,VISAKHAPATNAM. 21. SMT KANCHUBARKI JAYA LAKSHMI, W/O. RAMU NAIDU, AGED NOT KNOWN, R/O. D.NO. 54-2-20,ISAKA THOTA,VISAKHAPATNAM. 22. KANCHUBARKI SIMHACHALAM, S/O.LATE APPALA SWAMY, AGED NOT KNOWN,R/O. D.NO. 54-2-20,ISAKA THOTA, VISAKHAPATNAM. 23. KANCHUBARKI PYDIRAJU, S/O. SIMHACHALAM, AGED NOT KNOWN R/O. D.NO. 54-2-20,ISAKA THOTA,VISAKHAPATNAM. 24. KANCHUBARKI NARASAYAMMA, W/O, SIMHACHALAM, R/O.D.NO. 54-2-20,ISAKA THOTA,VISAKHAPATNAM 25. KANCHUBARKI MUTYALU, (DIED) 26. SMT KANCHUBARKI NARASAYAMMA, (DIED) 27. KANCHUBARKI NARASINGA RAO, S/O.MUTHYALU, AGED NOT KNOWN R/O. D.NO. 54-2-13,ISAKA THOTA,VISAKHAPATNAM. 28. SMT KANCHUBARKI LAKSHMI, , W/O. NARASIMHA RAO AGED NOT KNOWN,R/O. D.NO. 54-2-13,ISAKA THOTA, VISAKHAPATNAM. 29. KANCHUBARIKI SRINIVASA RAO, S/O. MUTHYALU, AGED NOT KNOWN R/O. D.NO. 54-2-13, ISAKA THOTA, VISAKHAPATNAM. 30. SMT KANCHUBARKI RAJESWARI, S/O.SRINIVASA RAO,AGED NOT KNOWN, R/O. D.NO. 54-2-13,ISAKA 4 VS,J C.R.P.Nos.2861 & 3053 of 2024 THOTA,VISAKHAPATNAM. 31. KANCHUBARKI RAMA KRISHNA, ,(DIED) 32. KANCHUBARKI PENTAYYA, (DIED) 33. SMT KANCHUBARKI APPAYAMMA, (DIED) 34. SMT KANCHUBARKI APPALANARASAMMA, S/O.MUTHYALU,AGED NOT KNOWN R/O. D.NO. 54-2-73,ISAKA THOTA,VISAKHAPATNAM. 35. KANCHUBARKI POLIPILI, (DIED) 36. KANCHUBARKI PEDA MUTYALU, (DIED) 37. KANCHUBARKI RAMA RAO, , S/O. PEDA MUTHYALU, , AGED NOT KNOWN, R/O. D.NO. 54-2-73,ISAKA THOTA,VISAKHAPATNAM. 38. SMT KANCHUBARKI PARVATHAMMA, W/O. RAMA RAO, AGED NOT KNOWN,R/O. D.NO. 54-2-13,ISAKA THOTA,VISAKHAPATNAM. 39. BOTCHA PEDA APPARAO, (DIED) 40. BOTCHA ESWARA RAO, S/O. PEDA APPA RAO, AGED NOT KNOWN, R/O. D.NO. 54-2-13,ISAKA THOTA,VISAKHAPATNAM. 41. SMT BOTCHA APPALA KONDAMMA, W/O.ESWARA RAO, AGED NOT KNOWN,R/O. D.NO. 54-2-17,ISAKA THOTA, VISAKHAPATNAM. REP BY HER GPA HOLDER SUNKARA VEERA VENKATA SATYANARAYANA RAO, S/O. BHUJANGA RAO, AGED ABOUT 55 YEARS,R/O.LAKSHMI BHUJANGA NILAYAM, RAMALAKSHMI ESTATE, GROUND FLOOR,PEDA WALTAIR JUNCTION, VISAKHAPATNAM. 42. KANUMURI SUBBA RAJU, (DIED) 43. JASTI MALLIKARJUNUDU, S/O.J.VAYUNANDHA RAO, AGED ABOUT 58 YEARS, LAKSHMI APPARTMENTS, DOCTORS COLONY, PEDAWALTAIR, VISAKHAPATNAM-16. 44. ALLURI VENKATA NARASIMHA RAJU, S/O A.V.S.RAJU, AGED ABOUT 66 YEARS,R/O. D.NO. 168A,ROAD NO. 10, JUBILEE HILLS, HYDERABAD. 5 VS,J C.R.P.Nos.2861 & 3053 of 2024 45. KANCHUBARIKI VIJAYA LAKSHMI, S/O. K.RAMA KRISHNA, AGED NOT KNOWN,R/O. D.NO. 54-2-13,ISAKA THOTA, VISAKHAPATNAM. 46. KANCHUBARIKI SAMUEL SETH, , S/O. K.RAMA KRISHNA, AGED NOT KNOWN,R/O. D.NO. 54-2-13,LSAKA THOTA, VISAKHAPATNAM. 47. KANCHUBARIKI ANGELINA, D/O. K.RAMA KRISHNA, AGED NOT KNOWN, R/O. D.NO. 54-2-13,LSAKA THOTA,VISAKHAPATNAM. KANUMURI SATHYAVATHI, W/O. LATE SUBBA RAJU, AGED BOUT 66 YEARS, D.NO.55-14-65, APSEB COLONY, SEETHAMMADHARA, VISAKHAPATNAM. 48. KANUMURI SATHYAVATHI, W/O. LATE SUBBA RAJU, AGED BOUT 66 YEARS, D.NO.55-14-65, APSEB COLONY, SEETHAMMADHARA, VISAKHAPATNAM. 49. KANUMURI VENKATA RAMA RAJU RAMESH, S/O.LATE SUBBA RAJU,D.NO.55-14-65, APSEB COLONY,SEETHAMMADHARA, VISAKHAPATNAM. 50. DANDU SRIDEVI, D/O. O. LATE SUBBA RAJU, AGED BOUT 66 YEARS D.NO.55-14-65, APSEB COLONY,SEETHAMMADHARA, VISAKHAPATNAM. 51. PENUMATSA MADHAVI, D/O LATE K.SUBBA RAJU,HINDU, D.NO.55-14-65, APSEB COLONY,SEETHAMMADHARA, VISAKHAPATNAM. ...RESPONDENT(S): 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 begs to present this Memorandum of Civil Revision Petition to this Honble Court against the In Against I.A.No. 1449 of 2023 in O.S.No. 1321 of 2008, on the file of the Court of the II Additional Senior Civil Judge, Visakhapatnam IA NO: 1 OF 2024 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 grant stay of all further proceedings in O.S.No.l321 of 2008 on the file of the 6 VS,J C.R.P.Nos.2861 & 3053 of 2024 Court of II Additional Senior Civil Judge, Visakhapatnam pending determination of the above Revision and pass CIVIL REVISION PETITION NO: 3053/2024 Between: 1. SUNKARA NAVEEN KRISHNA CHAITANYA, S/O.S.V.V.SATYANARAYANA RAO, AGED ABOUT 33 YEARS, R/O.FLAT NO.302, SRI RATHNA CASTLE, RAMALAYAM STREET, B.V.K.SCHOOL ROAD,VISALAKSHI NAGAR,VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. GANAPATHIRAJU VIJAYA RAMA RAJU, S/O. LATE JAGANNADHA RAJU, AGED ABOUT 69 YEARS, R/O. 30-6-3,DHABA GARDENS,VISAKHAPATNAM-43. 2. SMT JAMPANA SATYAVATHI, W/O.LATE SATHYANARAYANA RAJU, AGED ABOUT 82 YEARS, R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 3. SMT JAMPANA LALITHA, , W/O.LATE LAKSHMINARAYANA RAJU, AGED ABOUT 55 YEARS, R/O. R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 4. JAMPANA RAMAKRISHNA VARMA, S/O. LATE LAKSHMINARAYANA RAJU, AGED ABOUT 40 YEARS, R/O. R/O.BONDAPALLI VILLAGE MANDAL, VIZIANAGARAM DISTRICT. 5. SATYANARAYANA RAJU, S/O., S/O. LATE LAKSHMINARAYANA RAJU, AGED ABOUT 47 YEARS, R/O. R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 6. SMT DANTUIURI SAVITRI, W/O.LATE RAMACHANDRA RAJU, AGED ABOUT 76 YEARS,R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 7. DANTULURI CHAKRADHAR RAJU, S/O. LATE RAMACHANDRA RAJU, AGED ABOUT 48 YEARS, R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 7 VS,J C.R.P.Nos.2861 & 3053 of 2024 8. BUDHARAJU NARASIMHA VARMA, S/O. LATE CHINA VENKATA RAMA RAJU,AGED ABOUT 50 YEARS, R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 9. CHIRUVURI SURYANARAYANA RAJU, S/O. LATE SEETHA RAMA RAJU, AGED ABOUT 44 YEARS, R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 10. SAGI NARAYANAMURTHY RAJU, S/O.LATE VENKATA RANGA RAJU, AGED ABOUT 65 YEARS, R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 11. DATLA VARAHA VENKATA RAMACHANDRA RAJU, ,S/O.SEETHARAMA RAJU, AGED ABOUT 46 YEARS, R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 12. GANAPATHIRAJU PADMA SANTHI, W/O.VIJAYARAMA RAJU, AGED ABOUT 40 YEARS, R/O.BONDAPALLI VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. (SI.NO. 2 TO 12 ARE REPRESENTED BY THEIR G.P.A. HOLDER GANAPATHI RAJU VIJAYARAMA RAJU I.E., 1ST PLAINTIFF ) 13. KANCHUBARKI SANYASI, (DIED) 14. KANCHUBARIKI APPARAO, (DIED) 15. KANCHUBARKI APPALA RAJU, (DIED) 16. KANCHUBARKI SREENIVASA RAO, S/O.SANYASI, AGED NOT KNOWN, R/O. D.NO. 54-2-20,1SAKA THOTA,VISAKHAPATNAM. 17. SMT KANCHUBARKI PYDIRAJU, S/O. APPA RAO, AGED NOT KNOWN, R/O. D.NO. 54-2-20,ISAKA THOTA,VISAKHAPATNAM. 18. SMT KANCHUBARKI SANYASAMMA, W/O.APPALA RAJU, AGED NOT KNOWN,R/O. D.NO. 54-2-20,ISAKA THOTA, VISAKHAPATNAM. 19. SMT KANCHUBARIKI PARVATHI, W/O.SREENIVASA RAO, AGED NOT KNOWN,R/O. D.NO. 54-2-20,ISAK THOTA, VISAKHAPATNAM. 20. KANCHUBARIKI RAMU NAIDU, S/O.LATE. APPALA NAIDU, AGED NOT KNOWN, R/O. D.NO. 54-2-20,ISAKA 8 VS,J C.R.P.Nos.2861 & 3053 of 2024 THOTA,VISAKHAPATNAM. 21. SMT KANCHUBARKI JAYA LAKSHMI, W/O. RAMU NAIDU, AGED NOT KNOWN, R/O. D.NO. 54-2-20,ISAKA THOTA,VISAKHAPATNAM. 22. KANCHUBARKI SIMHACHALAM, S/O.LATE APPALA SWAMY, AGED NOT KNOWN,R/O. D.NO. 54-2-20,ISAKA THOTA, VISAKHAPATNAM. 23. KANCHUBARKI PYDIRAJU, S/O. SIMHACHALAM, AGED NOT KNOWN, R/O. D.NO. 54-2-20,ISAKA THOTA,VISAKHAPATNAM. 24. KANCHUBARKI NARASAYAMMA, W/O, SIMHACHALAM, R/O.D.NO. 54-2-20,ISAKA THOTA,VISAKHAPATNA 25. KANCHUBARKI MUTYALU, KANCHUBARKI MUTYAIU DEAD 26. SMT KANCHUBARKI NARASAYAMMA, (DIED) 27. KANCHUBARKI NARASINGA RAO, S/O.MUTHYALU, AGED NOT KNOWN, R/O. D.NO. 54-2-13,ISAKA THOTA,VISAKHAPATNAM. 28. SMT KANCHUBARKI LAKSHMI, W/O. NARASIMHA RAO, AGED NOT KNOWN,R/O. D.NO. 54-2-13,ISAKA THOTA, VISAKHAPATNAM. 29. KANCHUBARIKI SRINIVASA RAO, S/O. MUTHYALU, AGED NOT KNOWN, R/O. D.NO. 54-2-13, ISAKA THOTA, VISAKHAPATNAM. 30. SMT KANCHUBARKI RAJESWARI, S/O.SRINIVASA RAO, AGED NOT KNOWN,R/O. D.NO. 54-2-13,ISAKA THOTA, VISAKHAPATNAM. 31. KANCHUBARKI RAMA KRISHNA, (DIED) 32. KANCHUBARKI PENTAYYA, (DIED) 33. SMT KANCHUBARKI APPAYAMMA, (DIED) 34. SMT KANCHUBARKI APPALANARASAMMA, S/O.MUTHYALU, AGED NOT KNOWN,R/O. D.NO. 54-2-73,ISAKA THOTA, VISAKHAPATNAM. 35. KANCHUBARKI POLIPILI, (DIED) 9 VS,J C.R.P.Nos.2861 & 3053 of 2024 36. KANCHUBARKI PEDA MUTYAIU, (DIED) 37. KANCHUBARKI RAMA RAO, S/O. PEDA MUTHYALU, AGED NOT KNOWN,R/O. D.NO. 54-2-73,ISAKA THOTA, VISAKHAPATNAM. 38. SMT KANCHUBARKI PARVATHAMMA, W/O. RAMA RAO, AGED NOT KNOWN,R/O. D.NO. 54-2-13,ISAKA THOTA, VISAKHAPATNAM. 39. BOTCHA PEDA APPARAO, (DIED) 40. BOTCHA ESWARA RAO, , S/O. PEDA APPA RAO, AGED NOT KNOWN, R/O. D.NO. 54-2-13,ISAKA THOTA,VISAKHAPATNAM. 41. SMT BOTCHA APPALA KONDAMMA, W/O.ESWARA RAO, AGED NOT KNOWN,R/O. D.NO. 54-2-17,ISAKA THOTA, VISAKHAPATNAM. REP BY HER GPA HOLDER SUNKARA VEERA VENKATA SATYANARAYANA RAO (DIED) 42. KANUMURI SUBBA RAJU, (DIED) 43. JASTI MALLIKAIGUNUDU, ,S/O.J.VAYUNANDHA RAO, AGED ABOUT 58 YEARS, LAKSHMI APPARTMENTS, DOCTORS COLONY, PEDAWALTAIR, VISAKHAPATNAM-16 44. ALLURI VENKATA NARASIMHA RAJU, S/O A.V.S.RAJU, AGED ABOUT 66 YEARS,R/O. D.NO. 168A,ROAD NO. 10, JUBILEE HILLS, HYDERABAD. 45. KANCHUBARIKI VIJAYA LAKSHMI, S/O. K.RAMA KRISHNA, AGED NOT KNOWN,R/O. D.NO. 54-2-13,ISAKA THOTA, VISAKHAPATNAM. 46. KANCHUBARIKI SAMUEL SETH, S/O. K.RAMA KRISHNA, AGED NOT KNOWN,R/O. D.NO. 54-2-13,ISAKA THOTA, VISAKHAPATNAM. 47. KANCHUBARIKI ANGELINA, D/O. K.RAMA KRISHNA, AGED NOT KNOWN,R/O. D.NO. 54-2-13,ISAKA THOTA, VISAKHAPATNAM. 48. KANUMURI SATHYAVATHI, W/O. LATE SUBBA RAJU, AGED BOUT 66 YEARS, D.NO.55-14-65, APSEB COLONY, SEETHAMMADHARA, VISAKHAPATNAM. 10 VS,J C.R.P.Nos.2861 & 3053 of 2024 49. KANUMURI VENKATA RAMA RAJU RAMESH, S/O.LATE SUBBA RAJU,D.NO.55-14-65, APSEB COLONY,SEETHAMMADHARA,VISAKHAPATNAM. 50. DANDU SRIDEVI, D/O. LATE SUBBA RAJU, AGED BOUT 66 YEARS, D.NO.55-14-65, APSEB COLONY,SEETHAMMADHARA, VISAKHAPATNAM. 51. PENUMATSA MADHAVI, D/O LATE K.SUBBA RAJU,HINDU, D.NO.55-14-65, APSEB COLONY,SEETHAMMADHARA, VISAKHAPATNAM. ...RESPONDENT(S): 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 tobegs to present this Memorandum of Civil Revision Petition having been aggrieved by the Order dated 29-07-2024 passed in I.A.No.395 OF 2024 IN I.A.No.1449 of 2023 in O.S.No.1321 OF 2008, on the file of ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE(SENIOR DIVISION), VISAKHAPATNAM for the following grounds among other Counsel for the Petitioner: 1. DEVI PRASAD MANGALAPURI Counsel for the Respondent(S): 1. V V SATISH The Court made the following: 11 VS,J C.R.P.Nos.2861 & 3053 of 2024 COMMON ORDER: C.R.P.Nos.2861 of 2024 and 3053 of 2024 are filed challenging the orders dated 29.07.2024 in I.A.No.1449 of 2023 and I.A.No.395 of 2024 in O.S.No.1321 of 2008 on the file of II Additional Civil Judge (Senior Division), Visakhapantam. 2. The petitioner in both the revision petitions is 30th defendant in O.S.No.1321 of 2008. 3. The brief facts of the case are as follows: a) Originally respondent Nos.1 to 12 herein/plaintiffs in O.S.No.1321 of 2008, filed the said suit seeking specific performance of agreement of sale dated 27.04.1994, alleging that the father of defendant No.30/petitioner herein by name Sunkara Veera Venkata Satyanarayana Rao executed Ex.A1 agreement of sale as GPA holder of defendants No.1 to 29, along with other consequential reliefs. b) In the said suit, the petitioner herein/defendant No.30 filed his written statement and pleaded that the alleged agreement of sale is rank forged and created by the plaintiffs with the assistance of the attestors and scribe. At the stage of further evidence, the petitioner filed I.A.No.1449 of 2023 under Section 45 of Indian Evidence Act seeking to send the original agreement of sale dated 27.04.1994 to a handwriting expert for comparison of the signatures of his late father S.V.V.Satyanarayana Rao with his standard and admitted signatures available on the application form submitted in the year 12 VS,J C.R.P.Nos.2861 & 3053 of 2024 1992 for opening Savings Bank Account bearing old SB A/c No.1417-SB-116, (New Account No.SB A/c.No.1417155000000478 with customer ID NO.1347595) with Karur Vysya Bank, Peda Waltair Branch, Visakhapatnam. The petitioner/defendant No.30 also filed I.A.No.395 of 2024 is filed under Order XVI Rule 6 read with Section 151 CPC seeking issuance of summons to the Bank Manager, Karuru Vysya Bank, Pedawaltair branch, Visakhapatnam to produce the said account opening form for comparison. 4. On a perusal of the impugned order dated 29.07.2024, it can be observed that both applications were dismissed by the trial Court on the ground that late Mr.S.V.V.Satyanrayana Rao had earlier, in the suit, filed I.A.No.104 of 2008 under Order VII Rule 11 CPC seeking rejection of the plaint solely on the ground that the suit is barred by limitation and had not denied execution of the agreement of sale and the said I.A. was dismissed by the trial Court. Challenging which, C.R.P. No.4596 of 2009 was filed and the same was also dismissed vide orders dated 19.07.2017. The trial Court held that since late Mr.S.V.V.Satyanarayana Rao did not take a plea of forgery during his lifetime, the petitioner, as his legal heir, cannot now take such a plea, and mere pleading of forgery in the written statement would not entitle him to seek expert examination of the document. 5. The relevant observation of the trial Court are as follows: “When the person who allegedly executed the Agreement of Sale, dated 27.041994 did not take any plea of forgery during his 13 VS,J C.R.P.Nos.2861 & 3053 of 2024 lifetime despite his appearance in this case, now the petitioner/30th defendant who was added as LR of the said S.V.V.Satyanarayana Rao cannot take the said plea. Merely because the petitioner/30th defendant has taken the plea of forgery in his written statement, the same would not entitled him to have the questioned document examined by an Expert when the other circumstances on record do not warrant examination of the document by an Expert.” 6. It is the case of the petitioner that his father, late S.V.V.Satyanarayana Rao, had never filed a written statement and he had only filed I.A.No.104 of 2008 at the initial stage seeking rejection of the plaint on the ground that the suit is barred by limitation but the same was dismissed by the trial Court, challenging which C.R.P.No.4596 of 2009 was filed. During the pendency of CR.P.No.4596 of 2009, he died in the year 2014. The petitioner was thereafter brought on record as legal heir and filed his written statement, wherein he specifically pleaded forgery of Ex.A1. Therefore, the petitioner argues that neither he nor his late father ever had a chance to raise the issue of forgery earlier. He further contends that the trial Court wrongly refused his request to send the document for expert examination, even though the genuineness of Ex.A1 is a key question in the suit. 7. The right of a legal representative to raise all available defences including forgery of a document forming the basis of the suit cannot be curtailed merely because the deceased defendant had earlier filed an application under Order VII Rule 11 CPC without filing a written statement. The petitioner, having been impleaded as legal heir, is entitled to substantiate 14 VS,J C.R.P.Nos.2861 & 3053 of 2024 his defence and seek expert opinion when allegations of forgery are specifically pleaded. Having considered the submissions and on perusal of the record, this Court is of the view that the trial Court’s reasoning is unsustainable. 8. Accordingly, both the Civil Revision Petitions are allowed. The orders dated 29.07.2024 passed in I.A. No.1449 of 2023 and I.A. No.395 of 2024 in O.S. No.1321 of 2008 are hereby set aside. I.A. No.1449 of 2023 and I.A. No.395 of 2024 in O.S. No.1321 of 2008 are allowed and the trial Court is directed to take necessary steps for summoning the Bank Manager and sending the document for expert examination as sought for in the said I.A.s. No costs. Miscellaneous petitions pending, if any, in this petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 06.11.2025 KGR