THE HON'BLE MR JUSTICE V. ESWARAIAH CIVIL REVISION PETITION Nos.3162, 3176 and 3177 of 2010 DT.23.09.2011 Between: Panguluri Mahalakshmamma w/o Radhakrishna Murthy … Petitioner And Panguluri Lakshamamma w/o Sri Ramulu & another … Respondent Counsel for the Petitioner: Sri N.Sriram Murthy Counsel for respondent: Sri The Court made the following COMMON ORDER: THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION Nos.3162, 3176 and 3177 of 2010 COMMON ORDER: The petitioner and respondents in these revisions are one and the same, hence they are being disposed of by a common order. The petitioner herein filed O.S.No.5/2004, on the file of the Senior Civil Judge, Bapatla for declaration of title and for recovery of the plaint schedule property. The base of his claim is Ex.A.1-registered Will dated 20-5-1978 executed by one Sri Panguluri Veeraiah, the maternal grandfather of the petitioner. The defendants claimed the same property under Ex.B.1- unregisterd Will, dated 15-9-1989. It is the case of the petitioner that Ex.B.1-unregistered Will is forged one whereas Ex.A.1 Will is genuine. Accordingly, the petitioner filed I.A.Nos.201 and 203/2010 to reopen the suit and to permit him to take photograph of the Ex.A.1 registered Will dated 20-5-1978 and Ex.B.1 un- registered Will dated 15-09-1989 in the open Court, and to send the same to the Finger Print Experts for opinion. The petitioner also filed I.A.No.202/2010 under Section 45 of the Evidence Act to send original Ex.A.1 registered Will and Ex.B.1 un-registered Will along with photos to the Director of Finger Prints Bureau, C.I.D, Hyderabad for opinion. The Court below, by the impugned order dismissed I.A.No.203/2010, basing on which, the other two applications I.As.201 and 202 of 2010 were also dismissed on the ground that the present suit is filed by the petitioner for declaration of title and for recovery of possession, and in fact, earlier the defendant filed O.S.147/1991, on the file of the Junior Civil Judge, Ponnur claiming his right to continue his possession based on Ex.B.1 un-registered Will dated 15-09-1989, and the said suit was decreed. Ex.B.1-unregistered Will in the present case, is marked as Ex.A.2 in the earlier suit O.S.147/1991. It is stated that earlier the petitioner filed I.A.320/1992 seeking permission for sending both the Will deeds to the fingerprint expert for opinion, which was allowed on 25-11-1992, but ultimately the petitioner did not take any steps to get opinion of the expert. It is stated that as against the said judgment in O.S.No.147/1991, the petitioner herein filed appeal A.S.No.52/1999, and in the said appeal, the petitioner filed an application seeking similar relief for sending the disputed un-registered Will for the expert opinion. The learned Senior Civil Judge, Bapatla dismissed the said application I.A.320/1992. Thus, it is the contention of the respondents that in the said appeal the similar petition filed by the petitioner for the same relief was dismissed. Having regard to the facts and circumstances, I am of the opinion that though the petitioner has not taken steps pursuant to the orders in I.A.No.320 of 1992, dated 25-10-1992 in O.S.No.147/1991 for getting the experts opinion with regard to the genuineness of the un-registered Will by comparing with the registered will, the petitioner having filed a similar application I.A.No.320 of 1992 in A.S.No.52/1999 and having failed in getting the relief, the said order passed in appeal suit with regard to the issue relating to the genuineness or otherwise of the un-registered Will operates as res judicata under Section 11 Explanation VIII of the Civil Procedure Code. Therefore, I am not inclined to interfere with the impugned order. Accordingly, the revisions are dismissed. However, it is open for the Court below to consider the rival contentions and adjudicate the suit, in accordance with law, on merits. No costs. ______________ V. ESWARAIAH,J DATE: 23-09-2011 grk THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION Nos.3162, 3176 and 3177 of 2010 DATE: 23.09.2011 GRK