THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA C.R.P. NOS.2461, 2463 & 2462 OF 2009 COMMON ORDER 1 Since all these three revision petitions are interconnected, they are being disposed of by this common order. 2 The petitioner herein instituted O.S.No.134 of 2004 for partition of the suit schedule properties and also to put him in possession of 1/8th share of the same. The respondents are contesting the said suit. According to the respondents their father has executed a will on 21.07.1998 and as per the said will the properties have been settled in favour of the petitioner and the respondents herein and the claim that the suit properties have not been partitioned and the petitioner is entitled to 1/8th share of the said properties is not correct. Pursuant thereto issues have been settled and the entire evidence was over and the matter itself is coming up for arguments. At that stage the petitioner came forward with the present application stating that the said will is a forged document and the will could not have been executed on 21.07.1998 for the reason that their mother by name Balamma died in the year 1977 itself. Due to inadvertence the said fact could not be found out at the time when the will was marked as an exhibit and the said discrepancy is required to be clarified. The court below, as stated supra, dismissed the said application on the ground that the said suit itself is posted for arguments. 3 Heard both sides. 4 It is true that the entire evidence was over and the suit is posted for arguments. But it should be remembered that the petitioner is plaintiff in the said suit and he has no reason to delay the proceedings. The said aspect as to whether the said will alleged to have been executed on 21.07.1998 is genuine or not is very vital in deciding the said suit. For that reason this court is of the view that the petitioner may be given an opportunity to establish the said fact before the court below. 5 Accordingly these three revisions are allowed and the order dated 28.04.2009 passed in I.A.No.878 of 2009 in O.S.No.134 of 2004 on the file of the Court of the Senior Civil Judge, Gadwal is hereby set aside and the court below is hereby directed to receive the said document i.e. death certificate of the said Balamma establishing the fact that she died in the year 1977 and decide the same. In the light of this order, the court below is hereby directed to reopen the said suit and recall P.W.1, permit him to mark the said document as an exhibit. It is needless to observe that the respondents shall also be given an opportunity of cross examining the petitioner and if need be, the respondents also shall be permitted to lead further evidence. It is further needless to observe that since the suit is coming up for arguments, the court below is directed to decide this aspect as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order. No costs. -------------- 17.03.2010 kvsn