u APHC010099672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 1364 OF 2024 Petition under Article 227 of the Constitution of India, Civil Revision Petition aggrieved by the order and decree dated 4th April, 2023 in lA No. 1117/2018 in OS No. 300/2006 on the file of Senior Civil Judge, Bhimavaram. Between: 1. Adabala Bhavani, S/o. Hanumantha Rao Business, R/o. Bhimavaram, West Godavari Dist. 2. Adabala Radha Krishna, S/o. Hanumantha Rao, years,Business, R/o. Bhimavaram, West Godavari Dist. 3. Adabala Kusuma Kumari, (Died ) 4. Adabala Satyavani, W/o. Chavakulka Balaji Aged about 53 Employee R/o. Vijayawada, Krishna District 5. Adabala Satyanarayana, S/o. Hanumantha Rao years, R/o. Back side of Municipal Library Bhimavaram 1, West Godavari Dist. The petitioners 4 and 5 have been added as LRs of deceased 3rd petitioner / 3rd defendant who was alive by the date of filing of the lA No. 117/2018 and died pedentilite, and for clarification the Hindu, Aged 43 years. Hindu, Aged 37 years. Hindu, Aged 53 Near Veeramma Pond, neat of the plaint in OS No. 300/2006 petitioners 4 and 5 are added is filed herewith showing that the as LRs of the defendant No. 3 vide orders dated 4.11.2022 and 11.8.2023 as per the orders of the Senior Civil Judge, Bhimavaram. ...Petitioners/Defendants 1 to 5 AND Kopparthy Veera Venkata Satyanarayana, Cultivation R/o. Gudapadu, Bhimavram Mandal S/o. Bullabbai, Aged 45 years West Godavari District ...Respondent/Plaintiff lA NO: 1 OF 2n9A 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. 300/2006 on the file of Senior Civil Judge, Bhimavaram pending disposal of the above revision pending disposal of the above Revision in the interest of justice Counsel for the Petitioners: SRi YALLABANDi Counsel for the Respondent: RAMATIRTHA The Court made the following order: APHC010099672024 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special OriginaUurisdiction) [3505] WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 1364 OF 2024 Between; 1.ADABALA BHAVANI, S/0. HANUMANTHA RAO, HINDU, AGED 43 YEARS. BUSINESS, R/0. BHIMAVARAM, WEST GODAVARI DIST. 2.ADABALA RADHA KRISHNA, S/0. HANUMANTHA RAO, HINDU, AGED 37 YEARS, BUSINESS, R/0. BHIMAVARAM, WEST GODAVARI DIST. 3.ADABALA KUSUMA KUMARI, (DIED ) 4.ADABALA SATYAVANI, W/0. CHAVAKULKA BALAJI AGED ABOUT 53 YEARS. EMPLOYEE R/0. VIJAYAWADA, KRISHNA DISTRICT 5.ADABALA SATYANARAYANA, S/0. HANUMANTHA RAO, HINDU, AGED 53 YEARS, R/0. BACK SIDE OF MUNICIPAL LIBRARY, NEAR VEERAMMA POND, BHIMAVARAM 1, WEST GODAVARI DIST. THE PETITIONERS 4 AND 5 HAVE BEEN ADDED AS LRS OF DECEASED 3RD PETITIONER / 3RD DEFENDANT WHO WAS ALIVE BY THE DATE OF FILING OF THE LA NO. 117/2018 AND DIED PEDENTILITE, AND FOR CLARIFICATION THE NEAT OF THE PLAINT IN OS NO. 300/2006 IS FILED HEREWITH SHOWING THAT THE PETITIONERS 4 AND 5 ARE ADDED AS LRS OF THE DEFENDANT NO. 3 VIDE ORDERS DATED 4.11.2022 AND 11.8.2023 AS PER THE ORDERS OF THE SENIOR CIVIL JUDGE, BHIMAVARAM. ...PETmONER(S) AND 1.KOPPARTHY VEERA VENKATA SATYANARAYANA, S/o. Bullabbai, Aged 45 years. Cultivation R/o. Gudapadu, Bhimavram Mandal, West Godavari District ...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 topleased to call for the records relating to order and decree dated 4th April, 2023 in lA No. 1117/2018 in OS No. 300/2006 on the file of Senior Civil Judge, Bhimavaram and examine its legality, propriety and correctness of the same and consequently set aside the said order by allowing the revision in the interest of justice and to pass lA 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 pleased to grant stay of all further proceedings in OS No. 300/2006 on the file of Senior Civil Judge, Bhimavaram pending disposal of the above revision pending disposal of the above Revision in the interest of justice and to pass Counsel for the Petitioner(S): 1.YALLABANDI RAMATIRTHA Counsel for the Respondent; 1. The Court made the following; HON’BLE SRI JUSTICE T.C.D. SEKHAR CRP NO.1364 OF 2024 ORDER; 1. The present Civil Revision Petition is filed questioning the order dated 04.04.2023 passed in lA No.1117 of 2018 in OS No.300 of 2006, on the file of the Senior Civil Judge, Bhimavaram. 2. The petitioners are defendants in the said suit. The respondent/plaintiff filed suit for recovery of 3. money based on promissory notes dated 10.02.2004 and 30.05.2004 marked as Ex.AI & A2. When the suit is posted for arguments, the petitioners/defendants filed application vide lA No.1117 of 2018 under Section 45 of Evidence Act and Section 151 of CPC seeking to expunge the opinion dated 29.06.2018 given by handwriting expert and to send Q series documents and S series documents shown therein to another handwriting expert of Regional Forensic Science Laboratories, Bandar Road, Vijayawada for getting opinion. The said application was contested by the respondent/plaintiff by filing counter affidavit and the said application was dismissed by impugned order. 1 4. Heard counsel for the petitioners and despite service of notice none appeared for the respondent. It is not in dispute that initially the petitioner filed application under Section 45 of CPC seeking to send the disputed pronotes Ex.A1 & A2 for expert opinion and the allowed. Thereafter, handwriting expert opinion dated 29.06.2018 received from Telangana State Forensic Science Laboratories, Hyderabad. Since the expert did not offer opinion on the signatures on Q3 to Q6, the present application is filed to expunge the same to send to another handwriting expert. It is not in dispute that the signatures on S21, S42 to S44 obtained in open Court during the year 2011. Further, they not contemporaneous signatures. Therefore applications allowed, no purpose would be served. Further perusal of the report dated 29.06.2018, it is clear insofar as the signatures marked in SI to S20 and the signatures are marked in Q1 and Q2 are one and the same. 5. same was was any were are even if the on 6. Therefore, in order to get away with the opinion given by the expert on 29.06.2018, the present application is filed. Further, when the matter is posted for arguments the petitioners have come up with the present application in order to drag the suit proceedings. Further, as already noted supra, since the signatures on S series are obtained in the open Court during the year 2011, no purpose would be served, if the present application allowed inasmuch as they are not contemporaneous signatures. At any rate, the Trial Court is competent to compare the disputed signatures under Section 73 of Indian Evidence Act. was In view of the same, there are no merits in the 7. present revision, accordingly the same is dismissed. There shall be no order as to costs. As a sequel, pending applications, if any shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Senior Civil Judge, (Senior Division) Bhimavaram, West Godavari District 2. One CC to Sri. Yallabandi Ramatirtha, Advocate [OPUC] 3. Two CD Copies MKP vna HIGH COURT DATED:02/07/2025 ORDER CRP NO. 1364 OF 2024 DISMISSING THE CIVIL REVISION PETITION WITHOUT COSTS