T. G. Geetha v. M.S.Ram Narayana Gupta

THE HON'BLE SRI JUSTI CE M.SATYANARAYANA MURTHY CI VI L REVI SI ON PETI TI ON No.2157 of 2012 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed challenging the order dated 30.11.2011 passed in O.S. No.99 of 2008 by the learned Senior Civil Judge, Adoni overruling the objection regarding admissibility of an application for transfer in revenue registry. 2) Heard learned counsel for petitioners.

3) The revision petitioners filed suit for declaration of title and permanent injunction. During trial, the respondents applied for transfer in revenue registry, but the petitioners objected for admitting the document in evidence and marking the same as exhibit, as it was not properly stamped, but the trial Court passed an order holding that the document sought to be marked is only "an application for transfer of revenue registry" and concluded that it is not required to be stamped or registered.

4) If the document sought to be taken is only an 8 application for transfer, it does not require any stamp duty and registration. In the considered opinion of this Court, the trial Court has rightly overruled the objection of the petitioners and the finding recorded by it, does not warrant interference of this Court while exercising jurisdiction under Article 227 of the Constitution of India. 5) Accordingly, the revision is disposed of directing the trial Court to proceed with the trial and decide the matter as

MSM,J CRP_2157_2012 expeditiously as possible in any event within six months from the date of receipt of a copy of this order.

6) Consequently, Miscellaneous Petitions, if any, pending in this revision shall stand closed. There shall be no order as to costs.

_________________________ M.SATYANARAYANA MURTHY,J Date:05.06.2017 knl