HON’BLE SRI JUSTICE A.GOPAL REDDY CRP No.4343/2007 DT.12-11-2009 Alapati Santha Lakshmi, represented by her General Power of Attorney Donepudi Naga Suseela, Vijayawada. …Petitioner/Defendant V. 1.D.Trivikrama Rao (died) and another. ..Respondents The Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CRP No.4343/2007 ORAL ORDER: On dismissing IA No.613/2007 in OS No.971/2004 filed by the revision petitioner/defendant for sending Ex.A-1-agreement of sale to the Handwriting Expert for his opinion after comparing Ex.A-1 with Ex.B-2, the present revision petition is filed under Art. 227 of the Constitution of India. It is not in dispute, the suit itself is filed for specific performance of an agreement of sale by the deceased-first plaintiff. On his death, his wife was added as second plaintiff. The revision petitioner/defendant contested the suit stating that the agreement of sale executed by Donepudi Subba Rao, as General Power of Attorney of petitioner/defendant is neither true nor is false and the said agreement is a forged and fabricated document. After completing the evidence on both sides, the present IA came to be filed. The trial court dismissed the petition on the ground that the petition is filed to drag on the case and opinion of the expert is not conclusive and it is for the plaintiff to prove the execution of agreement of sale by adducing the evidence of attestors and scribe of the agreement of sale. The expert evidence is not conclusive and cannot out weigh the direct evidence adduced by the revision petitioner/defendant. In that view of the matter, the dismissal of the petition by the trial court does not suffer from any illegality warranting interference by this court. The Civil Revision Petition is accordingly dismissed. No costs. _______________ A. GOPAL REDDY, J Date:12-11-2010 kmr