THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.1730 of 2010 Date of Order: 01-04-2011 Between: 1. Chalamala Venkatravamma and others ..Petitioners And 1. Kuchi Basavaiah and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.1730 of 2010 ORAL Order: On allowing I.A.No.74 of 2010 in O.S.No.465 of 2004 by the Principal Junior Civil Judge, Nandigama filed for sending Ex.A1— sale agreement to the hand writing expert for comparison the present revision is filed under Article 227 of the Constitution. Admittedly, the suit is filed for specific performance of agreement of sale alleged to be executed by the 1st defendant marked as Ex.A1, dated 02-02-1977. The I.A. filed by the 1st defendant to compare the signatures on Ex.A1 with that of signatures on the Vakalat and written statement, which is filed after a gap of 27 years, are not contemporary to the date of agreement. Therefore, due to passage of time signatures may vary or defendant may sign by changing handwriting. Unless the admitted signatures of relevant period are filed the same cannot be compared with the signatures on the Vakalat and written statement. Further, the evidence of handwriting expert is a weak piece of evidence and it will not outweigh the direct evidence adduced by the parties. The burden lies on the plaintiff to prove the execution of the said agreement of sale by examining the scribe and attestor. In view of the same, the order passed by the lower court cannot be sustainable and it is accordingly set aside. The civil revision petition is accordingly allowed. No costs. _________________ A.GOPAL REDDY, J. 01-04-2011 Murthy