w w w . L a w y e r S e r v i c e s . i n



Mekapothula Venkateswarlu v/s Rachabanti Krishna Murthy & Others


Company & Directors' Information:- KRISHNA INDIA PRIVATE LIMITED [Active] CIN = U74899DL1995PTC064252

Company & Directors' Information:- S KRISHNA AND COMPANY PRIVATE LIMITED [Active] CIN = U25209DL1989PTC124573

Company & Directors' Information:- S. KRISHNA & COMPANY PVT LTD. [Strike Off] CIN = U25191WB1989PTC046821

    Civil Revision Petition No. 5596 of 2011

    Decided On, 28 November 2017

    At, In the High Court of Judicature at Hyderabad

    By, THE HONOURABLE DR. JUSTICE B. SIVA SANKARA RAO

    For the Petitioner: V.S.R. Anjaneyalu, Advocate. For the Respondents: R1, K. Suresh Reddy, Advocate, R2 & R3, None appeared.



Judgment Text

1. The revision petitioner is defendant No.1 in O.S.No.1673 of 2008 and unsuccessful petitioner in that pending suit in I.A.No.296 of 2011 covered by the impugned order, dated 12.10.2011. The revision respondent No.1 is the sole plaintiff and revision respondent Nos.2 to 4 are the defendant Nos.2 to 4. One M.Sarojini Devi, no other than the wife of defendant No.1 and mother of defendant Nos.2 to 4, being the sister of the sole plaintiff, in favour of the plaintiff as per the suit claim for specific performance based on the agreement allegedly executed by her on 09.06.1993 and that after the sale agreement, she died intestate on 21.09.2000 and thereby entitled to specific performance against the defendants and the contest by defendants is that the said Sarojini Devi never executed the so-called agreement of sale and the alleged sale agreement is a fabricated by forging her signature. It is during pendency of the trial, the defendants sought to send the said sale agreement for comparison of the disputed signature to the handwriting expert. The defendants sought so-called comparison with Ex.X-1, dated 09.06.1993, signature of Sarojini Devi, dated 25.06.1999, on Ex.B.1 obtained from M/s.Bhavanarishi Co-operative Urban Bank Limited, L.B.Nagar, Hyderabad, and the socalled specimen signature admitted by PW.1 that of Sarojini Devi of 1992 in the certified copy obtained from the Andhra Bank, S.R.Nagar, Hyderabad. It is for that purpose also calling of the original of Ex.B.1 and originals from the said Banks. The order of lower Court speaks, plaintiff as sole respondent opposed saying these documents are not of contemporary relevancy to the disputed signature on the sale agreement, dated 09.06.1993, particularly of original of alleged Ex.B.1, dated 25.06.1999, with a gap of about six years and there is no necessity to send for the originals, much less to send after securing for comparison with the sale agreement through expert. The petitioners/defendants never clearly stated whether it is an application for opening account or of signature on passbook with Andhra Bank, S.R. Nagar, Hyderabad, of the year 1992 and it is also not possible to summon the said document since there is no clarity from the petitioners thereby not inclined to allow the petition to summon the documents from Andhra Bank, S.R.Nagar, Hyderabad, and M/s.Bhavanarishi Co-operative Urban Bank Limited, Hyderabad.

2. Two aspects are required for comparison of the disputed signatures with available specimen or admitted signatures, one is of contemporary relevancy to the extent possible and the other is the availability of originals. As the originals are stated available neither in the custody of the plaintiff nor in the custody of the defendants, but with third party and once it is necessary from the availability for comparison that too when it is not the contest of the defendants that those signatures are not that of said Sarojini Devi, the trial Court should have been considered to send for the original documents, by substitution of the certified Xerox copies so that to return after the purpose of the comparison by the expert, by sending the originals being served when it is crucial for the very purpose of the suit of the signature on the so-called agreement in dispute to determine that too when sought by the defendants of the said disputed signature on the agreement, required to be compared as it is also the burden of the plaintiff to show that the sale agreement was executed by Sarojini Devi in her lifetime and the expert opinion serves for effective disposal of the suit with reference to other evidence being let in by both ends.

3. Having regard to the above and also from the settled law with reference to the Full Bench expression of this Court in Bande Siva Sankara Srinivasa Prasad v. Ravi Surya Prakash Babu (died) per L.Rs. and others (2016 (2) ALT 248 FB), reiterated in para 15 of the order of this Court in Criminal Revision Case No.3204 of 2016, dated 19.01.2017, in T. Rajalingam @ Sambam v. The State of Telangana and another, of even contemporary relevancy signatures not available that is not the only criteria to dismiss the application to send the documents to the expert, leave about there is no stage when the documents in disputes sought to be sent to the expert for opinion. Having regard to the above, once the Andhra Bank account opening form stated contains the signature of 1992 for the sale agreement is after one year in 1993, which serves as contemporary relevancy as prior in point of time of one year apart from original of Ex.B.1 with the M/s.Bhavanarishi Cooperative Urban Bank Limited, L.B.Nagar, Hyderabad, of the year 1999 about six years subsequent to that disputed signature for the comparison with reference to it, apart from any other available signatures, if at all both parties can produce.

4. Accordingly and in the result, the civil revision petition is allowed by setting aside the dismissal order of the lower Court and the lower Court is directed to send for the originals from the Andhra Bank, S.R.Nagar, Hyderabad, and M/s.Bhavanarishi Co-operative Urban Bank Limited, L.B.Nagar, Hyderabad, and by retaining the originals grant the substituted certified copy at the expenses of the Court by virtue of this order to the file of the said Andhra Bank, S.R.Nagar, Hyderabad, and M/s.Bhavanarishi Co-operative Urban Bank Limited, L.B.Nagar, Hyderabad, as a stop gap arrangement for sending those originals with the disputed signatures of the sale

Please Login To View The Full Judgment!

agreement in question, dated 09.06.1993, to the expert and after receiving of the opinion, and after completion of evidence of the expert to return the originals to the said Andhra Bank, S.R.Nagar, Hyderabad, and M/s.Bhavanarishi Co-operative Urban Bank Limited, L.B.Nagar, Hyderabad, by substituting certified copies to the file. It is after securing at the expenses of the defendants to be deposited of Rs.10,000/- (Rupees ten thousand only) for the expert fees within the time to be fixed by the Court has to send. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.
O R







Judgements of Similar Parties

17-04-2020 Shankar Sakharam Kenjale (Died) Through His Legal Heirs Versus Narayan Krishna Gade & Another Supreme Court of India
30-03-2020 Bala Krishna Mandapati Versus The State of Telangana, Rep., by its Chief Secretary, Revenue (Disaster Management-II), Hyderabad & Others High Court of for the State of Telangana
18-03-2020 Prabhat Krishna Verma @ Babloo Versus State of U.P. High Court of Judicature at Allahabad
06-03-2020 Krishna Enterprise & Others Versus Axis Bank Limited & Another` High Court of Judicature at Calcutta
24-02-2020 The Commissioner, Treasuries & Accounts, Chennai & Others Versus Krishna P. Nair Before the Madurai Bench of Madras High Court
20-02-2020 Gangaram Rambhau Doiphode & Another Versus D. Kumar Naidu, Proprietor of M/s. Shree Krishna Transport & Another High Court of Judicature at Bombay
19-02-2020 Talari Krishna Versus State of A.P., rep. by its Public Prosecutor High Court of A.P. & Others High Court of for the State of Telangana
19-02-2020 Airport Authority of India, Represented by Its Chairperson, New Delhi & Others Versus B. Sham Krishna & Others High Court of Kerala
19-02-2020 E.V. Gopalakrishnan Versus Ashin Krishna High Court of Kerala
13-02-2020 Jitendra Kumar Khoiya Versus Shri Krishna Motors, Jhansi Road, Sakhiya Vilas & Others Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
12-02-2020 The State of Maharashtra Versus Masu Krishna Chavan & Another High Court of Judicature at Bombay
11-02-2020 Krishna Shri Gupta Versus State of U.P. & Others High Court of Judicature at Allahabad
07-02-2020 Rakesh Malhotra Versus Krishna Malhotra Supreme Court of India
07-02-2020 Binoy Krishna Dey & Another Versus The State of West Bengal High Court of Judicature at Calcutta
07-02-2020 Jongam Krishna Kanth V/S Andhra Bank and Others. Debts Recovery Tribunal Hyderabad
06-02-2020 Kelvin Jute Company Ltd. Workers' Provident Fund & Another Versus Krishna Kumar Agarwal, President, Waverly Jute Mills Co. Workers & Others High Court of Judicature at Calcutta
05-02-2020 Patcha Subrahmanyam Versus Chenna Krishna Rao & Others High Court of Andhra Pradesh
03-02-2020 Swami Chinmayanand Alias Krishna Pal Singh Versus State of U.P High Court of Judicature at Allahabad
28-01-2020 Kotak Investment Advisors Limited & Others Versus Krishna Chamadia, Resolution Professional of Ricoh India Limited & Others High Court of Judicature at Bombay
27-01-2020 Krishna Pada Poddar Versus ABS Land Development and Construction Ltd., Rep. by its Managing Director, Tapan Ghosh West Bengal State Consumer Disputes Redressal Commission Kolkata
23-01-2020 D.T.C Versus Krishna Bahal High Court of Delhi
23-01-2020 Krishna Saikia @ Biman Versus State of Assam High Court of Gauhati
23-01-2020 Krishna Ram Versus State of Bihar & Others High Court of Judicature at Patna
21-01-2020 Krishna Daga & Another Versus West Bengal Surface Transport Corporation Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
09-01-2020 Chowgule Industries Pvt. Ltd. Versus Krishna Shrikant Kumbhar & Others High Court of Judicature at Bombay
08-01-2020 Maj Pankaj Rai Versus Krishna Veni Rai, Nee Krishnaveni Challa High Court of for the State of Telangana
08-01-2020 Rajareddy Versus R. Krishna Reddy (died) & Others High Court of Judicature at Madras
07-01-2020 Kasaraneni Balarama Krishna @ Balarama Krishnaiah Versus Kasaraneni Rajasree High Court of Andhra Pradesh
07-01-2020 Kasaraneni Balarama Krishna @ Balarama Krishnaiah Versus Kasaraneni Srikanth High Court of Andhra Pradesh
07-01-2020 Koovam Krishna Reddy & Others Versus M. Arumugam & Others High Court of Judicature at Madras
03-01-2020 Bank of Baroda V/S Sri Krishna Minerals and Others. Debts Recovery Tribunal Cuttack
03-01-2020 Krishna Institute of Medical Sciences Ltd. & Another Versus V. Srinivas Rao & Another Telangana State Consumer Disputes Redressal Commission Hyderabad
31-12-2019 M/s. Sai Krishna Alloys, Rep. by its Partner, N. Anbalagan Versus The Superintending Engineer (Metro) Tamil Nadu Electricity Board, Coimbatore Electricity Distribution Circle, Coimbatore High Court of Judicature at Madras
24-12-2019 Pran Krishna Shil @ Sil Versus State of West Bengal High Court of Judicature at Calcutta
20-12-2019 Capt. M.S. Krishna Kumar, "Lakshmi Krishna", Chennai Versus Union of India & Others High Court of Judicature at Madras
19-12-2019 Suja Merine Thomas Versus Krishna Pillai High Court of Kerala
18-12-2019 Krishna Mahadevan @ Mahadevan, Hiruvananthapuram, Represented by Power of Attorney Holder, M. Krishna Iyer Versus K.R. Moniamma & Others High Court of Kerala
17-12-2019 Shree Shantadurga Kumbhar – Juvekarin Versus Shree Devaki Krishna Devasthan, Through its President Dr. Jaikrishna Lawande & Others In the High Court of Bombay at Goa
13-12-2019 S. Krishna Sradha V/S The State of Andhra Pradesh and Others. Supreme Court of India
10-12-2019 V. Radha Krishna & Others Versus State of Telangana, rep. by its Prl. Secretary, Co-operative Societies Department & Others High Court of for the State of Telangana
06-12-2019 New India Assurance Co. Ltd. Versus Krishna Kumar Pandey Supreme Court of India
03-12-2019 Krishna Devi & Others Versus State of Haryana & Others High Court of Punjab and Haryana
29-11-2019 Branch Manager, State Bank of India Versus Kali Krishna Chakraborty West Bengal State Consumer Disputes Redressal Commission Kolkata
27-11-2019 R. Venkataramana Reddy Versus R. Radha Krishna Reddy & Others High Court of Andhra Pradesh
26-11-2019 Krishna Moulik Versus Tata Motors Finance Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
20-11-2019 Krishna Khatri & Another Versus Balaji Hospital Pvt. Ltd. & Others Delhi State Consumer Disputes Redressal Commission New Delhi
18-11-2019 Deepali Versus Krishna & Others In the High Court of Bombay at Aurangabad
13-11-2019 Pramod Versus Sudha Krishna Kand In the High Court of Bombay at Aurangabad
13-11-2019 The State of Maharashtra Versus Manohar Krishna Naik & Others High Court of Judicature at Bombay
12-11-2019 Karnam Bala Rama Krishna Murthy Ongole, Prakasam District Versus Bandla Suryanarayana Babu, Ongole Prakasam District High Court of Andhra Pradesh
05-11-2019 Krishna Savala Dalvi & Others Versus Sampat Krishna Kadam & Others High Court of Judicature at Bombay
05-11-2019 Parsineti Subhashini Versus Vedam Krishna Murthy High Court of Andhra Pradesh
17-10-2019 The Manager, Sree Krishna High School Versus M.T. Jancy High Court of Kerala
15-10-2019 Karra Krishna Kumar Versus The State of Telangana High Court of for the State of Telangana
01-10-2019 Krishna Devi Maheshwari Versus Surendra Surekha Supreme Court of India
30-09-2019 Krishna Ashtekar Versus The Customs & Central Excise Settlement Commission, Additional Bench, Chennai & Another High Court of Judicature at Madras
26-09-2019 Krishna Prasad Verma (D) Thr. Lrs. Versus State of Bihar & Others High Court of Judicature at Madras
26-09-2019 Krishna Prasad Verma (D) Through. LRS. Versus State of Bihar & Others Supreme Court of India
20-09-2019 International Society for Krishna Consciousness Versus Ishwari Prasad Singh Roy & Others High Court of Judicature at Calcutta
19-09-2019 Ram Krishna Pandey Versus Sudarsan Giri Mahanth Bodh Gaya Math & Others High Court of Judicature at Patna
19-09-2019 M/s. Sri Krishna Shelters Pvt. Ltd. Versus Union of India, Central Public Works Department & Another High Court of Karnataka
13-09-2019 The State of Karnataka Rep. by its Principal Secretary, Health & Family Welfare Services Department, Bengaluru Others Versus N. Krishna Reddy, Bengaluru & Others High Court of Karnataka
12-09-2019 The Indian Church Council of The Disciples of Christ Through Its Executive Secretary A.D. James, Chhattisgarh & Another Versus Krishna Kumar Agrawal & Others High Court of Chhattisgarh
11-09-2019 Krishna Venkatesh & Another Versus Balbhim Malvankar & Others In the High Court of Bombay at Goa
11-09-2019 Col. (Retd) Rama Krishna Sareen Versus Pawan Hans Helicopters Ltd. High Court of Delhi
04-09-2019 N. Gopala Krishna Versus The State of Telangana High Court of for the State of Telangana
04-09-2019 M/s. Kone Elevator India Pvt. Ltd., Rep. by its Company Secretary, C.V.S. Krishna Kumar, Aynambakkam, Chennai Versus M/s.Indo Pacific Software and Entertainment Limited, Nagpur & Another High Court of Judicature at Madras
02-09-2019 Colonel Shrawan Kumar Jaipuriyar @ Sarwan Kumar Jaipuriyar Versus Krishna Nandan Singh & Another Supreme Court of India
20-08-2019 Goa State Cooperative Bank Ltd. Versus Krishna Nath A. (Dead) Through Lrs. & Others Supreme Court of India
19-08-2019 Krishna Pratap Versus Meenu Devi High Court Of Judicature At Allahabad Lucknow Bench
19-08-2019 Tadi Suryanarayana Reddy Versus Mylavarapu Rama Venkata Krishna Narasimha Rao High Court of Andhra Pradesh
06-08-2019 Maximus ARC Limited, a Company Incorporated under Companies Act, 2013, Vijayawada, Rep. by Assistant Vice President, K. Hari Krishna Versus Anna University, Chennai, Rep. by its Vice Chancelor, Chennai & Another High Court of Judicature at Madras
01-08-2019 P. Sree Krishna Versus Airports Authority of India & Others High Court of Delhi
30-07-2019 Krishna Tomar Versus SBI Life Insurance Company Ltd. & Others Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
30-07-2019 Kedar Versus Radha Krishna Mahavidyalaya & Others High Court of Judicature at Allahabad
30-07-2019 Sri Sai Krishna Constructions Versus Glove Infracom & Another High Court of Judicature at Bombay
30-07-2019 Zenith Drugs & Allied Agencies Pvt. Ltd. Represented By Its Managing Director, Shri Uday Krishna Paul Versus M/s. Nicholas Piramal India Ltd. Supreme Court of India
29-07-2019 Krishna Kumar Rawat & Others Versus Union of India & Others Supreme Court of India
25-07-2019 S. Suresh Babu, Managing Partner, Unnikuttan Construction Company, Kadakkavoor Versus Soorya S. Krishna Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
08-07-2019 Laxmi Krishna Talkatkar & Others Versus Krishna Ankush Talkatkar & Another High Court of Judicature at Bombay
03-07-2019 M.V. Krishna Murthy Versus C. Arun High Court of Karnataka
28-06-2019 Krishna Das Saroh Versus Government of Karnataka, Home Department, Bengaluru & Others High Court of Karnataka
25-06-2019 M/s. Krishna Industrial Corporation Ltd., Represented by its Managing Director, Dr. S.R.K. Prasad, Chennai Versus M/s. Andhra State Finance Corporation, West Godavari District, Andhra Pradesh High Court of Judicature at Madras
10-06-2019 Krishna Versus State In the High Court of Bombay at Goa
10-06-2019 Sri Ramalinga Choodambikai Mills Ltd., Represented by its Managing Director, K. Murali Krishna Versus The Banking Ombudsman, Reserve Bank of India, Chennai & Others High Court of Judicature at Madras
10-06-2019 Surekha Reddy & Another Versus M. Venkata Krishna Reddy & Others High Court of for the State of Telangana
03-06-2019 Raghunath Krishna Gole & Another Versus Sardar Munaf Patel High Court of Judicature at Bombay
27-05-2019 Krishna Pradhan & Another Versus State of Sikkim & Others High Court of Sikkim
23-05-2019 Krishna Adhikari Versus Bhatacharjee Enterprise Rep. by its sole prop., Sanjib Bhattacharjee & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
16-05-2019 Hare Krishna Das Versus The State of Assam & Another High Court of Gauhati
15-05-2019 Krishna Kumar Versus Union of India Thru Secy Home & Others High Court of Judicature at Allahabad
03-05-2019 Shree Krishna Education Society, Through Chairman/Secretary & Others Versus The State of Maharashtra, Through Secretary, School Education Department & Another High Court of Judicature at Bombay
02-05-2019 HC(Min.) Krishna No. 7002DAP Versus Government of NCT of Delhi Through its Chief Secretary & Others Central Administrative Tribunal Principal Bench New Delhi
30-04-2019 Krishna Yadav Versus State of Bihar, Through Home Secretary, Patna & Others High Court of Judicature at Patna
23-04-2019 State of Karnataka & Others Versus Krishna Kumar & Others Supreme Court of India
18-04-2019 Harish Chandra Versus Krishna Devi & Others High Court of Judicature at Allahabad
16-04-2019 Krishna Pal Versus State of U.P. High Court of Judicature at Allahabad
08-04-2019 Vittala Gopala Krishna Versus The State of Telangana Rep. by the Special Prosecutor, ACB High Court of for the State of Telangana
02-04-2019 Soumitra Krishna Deb & Others Versus Adhir Kumar Basu & Others High Court of Judicature at Calcutta
01-04-2019 Krishna Bahadur Chettri Versus State of Sikkim High Court of Sikkim


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box