THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION NO. 4859 OF 2011 DT.11.11.2011 Between: Velamuri Murali Krishna … Petitioner And Sistla Srinivasa Rao … Respondents Counsel for the Petitioner: Sri P. Vijaya Kiran Counsel for respondent: The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION NO. 4859 OF 2011 ORDER: The petitioner herein is plaintiff. The present revision is filed against the order dated 23.9.2011 dismissing I A No. 318 of 2010 in O S No. 130 of 2007 filed under Section 45 of the Indian Evidence Act to send Ex.A.74 and Ex.A.75 to the hand writing expert for comparison of handwriting. It is the case of the plaintiff-petitioner herein that the suit schedule property is in the name of his deceased wife and the defendant-respondent who is his distant relative, has fabricated a false will and based on the said will is claiming the right and title over the suit property. It is stated that his wife did not bequeath the suit property by the so called will, which is fabricated and manipulated by the defendant, as such, he filed an application under Section 45 of the Evidence Act to send Ex. A 74 and 75 letters stated to have been written by his wife on 10.11.1989 to the hand writing expert for comparison of the writing of his wife in the alleged will. The respondent filed a counter in the said application stating that the Ex.A 74 and 75 are irrelevant documents and there is no necessity to sent the same for expert for comparison. The Court below by order dated 23.9.2011 dismissed the said application on the ground that the defendant is denying the authentication of Exs. 74 and 75 and disputing the execution of the same by late Vimala /wife of the petitioner and thus there is no necessity to send for examination by an expert. Hence, the present revision. Heard the learned counsel for petitioner and perused the material available on record. The Court below, in the absence of admitted hand writing of late Vimala/wife of petitioner, has rightly dismissed the application and there is no illegality or irregularity warranting interference of this Court. The revision fails and the same is hereby dismissed. No costs. _____________ V ESWARAIAH,J DATE: 11.11.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION NO. 4859 OF 2011 DT.11.11.2011