THE HON'BLE MR JUSTICE V. ESWARAIAH CIVIL REVISION PETITION No.2771 OF 2010 DT.23.09.2011 Between: Bollepalli Bhaskara Rao s/o Hanumanha Rao … Petitioner And Shaik Abdul Alimul Azeem s/o Mastan Vali Saheb … Respondent Counsel for the Petitioner: Sri Ch.Ravindra Babu Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.2771 of 2010 O R D E R: The petitioner is the decree-holder, who based on the registered mortgage deed obtained a preliminary decree in O.S.No.113/2008, on the file of the V Additional Senior Civil Judge, Guntur for recovery of money of Rs.1,72,000/- with interest and costs from the respondent. As the decretal amount pursuant to the preliminary decree was not paid, the petitioner filed I.A.No.510 of 2009 to pass a final decree. In the final decree proceedings, it is stated that the respondent herein produced a receipt as if he has paid Rs.1,30,000/- towards full and final settlement and the said receipt is being disputed and denied by the petitioner stating that he did not receive any amount from the respondent and he did not execute the said receipt in favour of the defendant. Therefore, he filed I.A.No.151/2010 in I.A.No.510/2009 for sending Ex.B.1 receipt to the handwriting expert to compare the signature on Ex.B.1 with the admitted signature of the petitioner on plaint, vakalath, and deposition. The said application was dismissed by the impugned order dated 29-4-2010. Having regard to the circumstances, I am of the opinion that the said I.A.151 of 2010 filed by the petitioner is ill-advised inasmuch as when the preliminary decree is passed, any satisfaction of the decretal amount shall be through the Court only and not outside the Court, and it is for the defendant to establish the genuineness or otherwise of the said receipt. Therefore, the Court below rightly dismissed the said application. The revision is without merit and it is accordingly dismissed. No costs. ______________ V. ESWARAIAH,J DATE: 23-09-2011 grk THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.2771 OF 2010 DATE: 23.09.2011 GRK