THE HON'BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION No.4917 of 2008 ORDER: This revision petition is directed against the order dated 26.09.2008 passed by the learned VII Additional District Judge (Fast Track Court), Visakhapatnam, dismissing I.A.No.1009 of 2008 in O.S.No.55 of 2000. The said I.A.No.1009 of 2008 was filed by the petitioner/fifth defendant seeking to cause production of the claim statement in L.A.O.P.No.777 of 1996 (Old O.P.No.100 of 1988) which is in the custody of the Principal District Judge, Visakhapatnam and which contains the signatures of the petitioner, for the purpose of sending the same to the expert for comparison with the disputed signatures. Respondent Nos.1 to 3 filed the suit for specific performance of sale deed. Earlier also the petitioner/fifth defendant filed I.A.No.285 of 2006 for comparison of the signatures which was allowed and her signatures were taken in open Court and were sent to expert, but the expert returned the same for want of admitted signatures relating to 1988 or earlier period, and therefore, she filed I.A.No.1009 of 2008 for the relief stated above. However, the Court below dismissed I.A.No.1009 of 2008 on the ground that the petitioner is procrastinating the proceedings. A perusal of the record shows that the signatures sent to the expert in pursuance of the earlier petition filed by the petitioner for sending the signatures to expert for opinion, were returned for want of admitted signatures of the year 1988 or earlier and that since the claim statement in L.A.O.P.No.777 of 1996 (Old O.P.No.10 of 1988) contains the admitted signatures of the petitioner of the year 1988, she filed I.A.No.1009 of 2008. Having regard to the facts and circumstances of the case, the Court below ought to have given an opportunity to the petitioner. Therefore, the impugned order is not sustainable. Accordingly, the Civil Revision Petition is allowed and the impugned order dated 26.09.2008 in I.A.No.1009 of 2008 in O.S.No.55 of 2000 on the file of the Court of the learned VII Additional District Judge, (Fast Track Court), Visakhapatnam, is set aside. The matter is remanded to the Court below to give an opportunity to the petitioner in I.A.No.1009 of 2008 and to dispose of the suit within a period of six months from the date of receipt of a copy of this order. No costs. _______________________ GHULAM MOHAMMED, J 06th August, 2010 GHN