IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.3372 OF 2009 BETWEEN Smt. Tadi Varahalamma and five others. …PETITIONERS AND Smt. Yrabala Chittamma and five others. …RESPONDENTS Counsel for the petitioners: MR. VENKATESWARA RAO GUDAPATI Counsel for the Respondents: MR. M.S.R. SUBRAHMANYAM The Court made the following: - ORDER: The defendants in O.S.No.749 of 2006 on the file of the Principal Senior Civil Judge, Visakhapatnam filed I.A.No.475 of 2009 requesting the Court to send the suit agreement dated 04.04.1981 for comparison of thumb marks of the executant to an expert under Section 45 of the Evidence Act. That application was dismissed by the Court below on the ground that there are no admitted signatures of the executant on record and also on the ground that the application is highly belated. The said order dated 26.06.2009 is questioned in this revision. 2. Learned counsel for the petitioners contends that the savings account, which the executant had in the Andhra Bank, Malkapuram would contain thumb impressions of the executant and that can be compared with the suit agreement. Apart from that the defendants claimed that they have filed certain other documents, which also contain the thumb marks of the executant. 3. The Court below has noticed that the other documents filed by the defendants are firstly Xerox copies and secondly, very old compared to the suit agreement and some of them do not contain the thumb marks of the executant. The records of the savings bank have neither been summoned nor are available in the Court record. I am, therefore, unable to find any admitted document of the executant on record so as to consider the present prayer of the defendants to send the suit agreement for comparison by an expert. The impugned order does not suffer from any error. The Court below shall now expeditiously dispose of the suit, which is said to be at the stage of arguments. The civil revision petition is accordingly dismissed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J November 23, 2010 Note: Office to dispatch the copy of the order in one week. (B/o) DSK