Bhavanarayana v. Vimala Rajavelu

THE HON'BLE SRI JUSTICE DILIP B. BHOSALE CIVIL REVISION PETITION Nos.263 and 264 of 2013 ORAL ORDER:

C.R.P.No.263 of 2013 is preferred by the petitioner-plaintiff against the order dated 03.10.2012, whereby his petition under Section 151 of the Code of Civil Procedure for setting aside the endorsement dated 22.11.2007 on suit agreement dated 29.05.2006 has been dismissed for the reasons stated therein. C.R.P.No.264 of 2013 is also preferred by the petitioner-plaintiff against the endorsement dated 22.11.2007 on suit agreement dated 29.05.2006. I have perused the orders and heard learned counsel for the parties.

In the course of hearing, the learned counsel for the parties have agreed for the order that I propose to pass and fairly stated that I need not record reasons for the same. I am satisfied that the following order shall meet the ends of justice:

The learned Judge, before marking the agreement dated 29.05.2006 in evidence, shall decide the issue whether it was required to be sufficiently stamped as per the office endorsement dated 05.11.2007 and he may pass appropriate order after granting an opportunity of being heard to both the sides. All contentions of the parties on merits are kept open.

With these observations, the civil revision petitions are disposed of. No order as to costs.

Consequently, miscellaneous petitions, if any, also stand disposed of.

______________________ JUSTICE DILIP B. BHOSALE 6th March, 2015 IBL