HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 4817 OF 2010 . DATED 7TH September, 2011. BETWEEN Gurram Akhil and anr …Petitioners And Sambangi Sravan Kumar and ors ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 4817 OF 2010 ORDER: Heard. Perused the case file. This Civil Revision Petition under Article 227 of the Constitution of India is filed aggrieved by the order dated 22.09.2010 passed by the learned Principal District Judge, West Godavari District at Eluru, in I.A.No. 2155 of 2010 in O.S.No. 91 of 2007. The first respondent/plaintiff filed the aforesaid suit for recovery of Rs.12,45,000/- from the petitioners and respondents 2 to 4, who are defendants, solely on the foot of promissory note dated 20.03.2005 alleged to have been executed by the deceased Gurram Venkata Vara Prasad. The second respondent/ first defendant is the wife, petitioners/2nd and 3rd are the children, 3rd and 4th respondents/4th and 5th defendants are the parents of the said late Gurram Venkat Vara Prasad. Admittedly the defendants have not denied the signature of the said Gurram Venkat Vara Prasad on the alleged promissory note dated 20.3.2005. However, when the suit was posted for the defendants’ side evidence, the impugned interlocutory application was filed merely on the ground that the revenue stamp on the suit promissory note was not released by the date of its execution, which prima facie appears to be wholly unsustainable in as much as the said plea has not been averred in their written statement. The plea taken in the impugned application is only an afterthought and to drag on the suit proceedings. When the defendants have admitted the signature of the executant on the alleged promissory note, the plea that the revenue stamp on the said promissory note was not released by the time of execution is immaterial and not liable to be looked into. The defendants can be estopped from pleading the same. The trial Court is right in dismissing the impugned interlocutory application through the order under revision. I do not see any illegality or irregularity in the order of the Court below warranting interference by this Court in exercise of its jurisdiction under Article 227 of the Constitution of India. The Civil Revision Petition is dismissed. There shall be no order as to costs. ------------------------------------ -- JUSTICE ASHUTOSH MOHUNTA Dated 7th September, 2011. Msnro