IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWELVETH DAY OF MARCH TWO THOUSAND AND TEN HON’BLE SRI JUSTICE G. BHAVANI PRASAD Civil Revision Petition No.6212 of 2009 Between: Navvada Vijayendra @ Shrisailam .. Petitioner AND N. Narender and others .. Respondents ORDER: Heard the learned counsel for the revision petitioner and the contesting respondents and the matter is being disposed of at the stage of admission with the consent of the learned counsel for both parties. I.A.No.418 of 2009 in O.S.No.64 of 2008 on the file of I Additional District and Sessions Judge’s Court, Medak at Sangareddy, was filed to send the document dated 10-08-2006 along with admitted signatures or thumb impressions of the petitioner therein for comparison by the Handwriting Expert. The suit itself was filed by the 3rd respondent herein claiming specific performance of an agreement of sale dated 18-09-2006 said to have been executed by the 1st defendant as General Power of Attorney holder of the owners of the property. It is that General Power of Attorney, which is sought to be sent to the Handwriting expert through this petition. It is true that the plaintiff himself did not oppose the petition. But the grievance of the revision petitioner is that he was neither put on notice nor was given an opportunity of being heard before I.A.No.418 of 2009 was allowed by recording that no counter was reported. The reporting of no counter was by the plaintiff and not by the other contesting parties to the suit and the fundamental principles of judicial procedure require that no matter be decided without an opportunity of hearing to the affected parties. If it were true that notice of this petition was not given to all the parties to the suit and if it were also true that they were neither given an opportunity to oppose the application nor they were heard in the matter, it has to be remitted back to the trial Court for a fresh decision on merits after such an opportunity to all the parties. Therefore, the order in I.A.No.418 of 2009 in O.S.No.64 of 2008 dated 24-08-2009 on the file of I Additional District and Sessions Judge, Medak at Sangareddy, is set aside and the petition is remitted back to the trial Court for a fresh decision on merits in accordance with law after every reasonable opportunity to all the parties to the suit to file counters and to have their arguments heard. The Civil Revision Petition is ordered accordingly without costs. _____________________ G. BHAVANI PRASAD, J Date: 12-03-2010 Ksn