THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 1200 of 2008 Date of order: 24.6.2010 Between: Yarra Hanumantha Rao …Petitioner and Byrapuneni Subba Rao ..Respondent THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 1200 of 2008 ORDER: Defendant No.2 filed an application-IA No. 1937 of 2007 in IA No. 427 of 204 in OS No. 67 of 1994 on the file of the Prl. Junior Civil Judge, Addanki requesting to send an agreement dated 3.7.1999 executed by the plaintiff in favour of Gogulamudi Hanumantha Rao to an expert for the purpose of enforcing the previous order of the trial court. The said application was allowed by the trial Court on 21.2.2008. Aggrieved thereby the plaintiff has approached this Court by way of this revision petition. Heard learned counsel for the petitioner. It is contended that the said document is an unregistered mortgage deed, said to have been executed by the plaintiff in favour of a third person. The suit being one for specific purpose, the said person who is beneficiary of the said document is, therefore, in no way concerned with the suit. It is also contended that the said document being unregistered mortgage deed, on the face of it, it is not admissible. The record of the case, however, discloses that a similar application was moved by the defendant No.2 before the trial court vide IA No. 427 of 2004 and in pursuance of the order of the trial Court allowing the said application, the very same document was directed to be sent to an expert. The plaintiff questioned the said order in CRP No. 2472 of 2006 before this Court. This Court, however, disposed of the said revision petition on 23.6.2006 giving liberty to the plaintiff to raise all objections when the document is sought to be admitted and the trial Court was directed to decide those objections. It is significant to notice that the order of the trial court allowing IA No. 427 of 2004 was not set aside by this Court and thereby the document had to be sent to the expert in accordance with the order of the trial Court, as confirmed by this Court in CRP No. 2472 of 2006. The present application-IA No. 1937 of 2007 was filed by the defendant No.2 merely to enforce the said previous order of the trial Court. In view of this, therefore, the contention of the learned counsel for the petitioner-plaintiff with regard to the nature, merits and admissibility of the document is beyond the scope of the relief sought for by the defendant No.2 for sending the said document to an expert for examination. Even without the present application-IA No. 1937 of 2007, the order of the trial Court in IA No. 427 of 2004, as confirmed by this Court in CRP No. 2472 of 2006, had to be implemented. I, therefore, see no illegality, whatsoever, in the impugned order of the trial Court. The revision petition is, therefore, meritless and liable to be dismissed. The revision petition is accordingly dismissed. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 24.6.2010 KR