THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.5485 of 2010 Date of Order: 03-12-2010 Between: Mohammed Jainabee ..Petitioner and 1.N.Davi Raj Nanda Prasad and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.5485 of 2010 Oral order: This revision by the 1st defendant under Article 227 of the Constitution of India is to revise the order of the IV Additional Senior Civil Judge (Fast Track Court), Vijayawada dismissing I.A.No.573 of 2009 in O.S.No.567 of 2001 filed to send the admitted and disputed signatures of the 1st defendant for the expert opinion. It is not in dispute that in the written statement the 1st defendant admitted that she executed an agreement in favour of Md. Irfan of Guntur, who is no other than the attestor of sale agreement dated 14-09-1998, in which ex-parte decree was passed on 11-08-2005 which was set aside on filing I.A.No.701 of 2005; further, I.A.No.341 of 2006 was allowed on 19-07- 2006 and amendment was carried out on 13-11-2006. Additional written statement was also filed on 04-04-2007 and additional issues were settled on 27-01-2009. After additional issues were settled, the plaintiff himself was examined as P.W.1 and marked Exs.A1 to A4. P.W.2 was examined on 10- 06-2009. P.W.1 was cross-examined on 26-06-2009. Since P.W.2 was not cross-examined on 17-07-2009, his cross-examination for defendant No.1 is treated as Nil. I.A.Nos.233 of 2009 and 234 of 2009 filed for reopen and recall P.W.2 for the purpose of cross-examination were allowed. After that the present petition is filed only to drag on the proceedings on one pretext or the other. It is well settled that expert evidence is not a conclusive proof and cannot out weigh the direct evidence adduced by the parties. In view of the same, the discretion exercised by the lower court in dismissing I.A. does not suffer from any illegality warranting interference. The Civil Revision Petition is accordingly dismissed at the admission stage. _________________ A.GOPAL REDDY, J. 03-12-2010 Murthy