P. Rami Reddy v. P. Lakshmi Reddy And 13 Others

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CIVIL REVISION PETITION No.3880 of 2015 ORDER:

Heard both sides and perused the grounds of revision and the impugned order of the lower Court.

Undisputedly the so called relinquishment deed, which requires stamp duty and registration is duly impounded from the certificate issued by the District Registrar and once it is complied with, the only thing to consider from the want of registration contemplated by Section 17 of the Registration Act from the bar prescribed for it under Section 49 of the Registration Act, however from the proviso to Section 49 of the Registration Act for a collateral purpose, the document once can be marked, the refusal to receive the document by the lower Court is unsustainable. Thereby said order is set aside referring to the decision of this Court in Buddha Jagadeeshwara Rao Vs. Sri Ravi Enterprises1, to exhibit the document for collateral purpose if at all subject to objection ultimately to decide whether there is any collateral purpose or not.

Having regard to the above, the Civil Revision Petition is allowed subject to costs of Rs.2,000/- payable by the revision petitioner/defendant to the plaintiffs or their counsel before the lower Court within one week from the date of receipt of this order. It is made clear that as it is old suit, the trial Court shall make every endeavour for early disposal.

1 (2017) 2 ALT 736

Dr. SSRB,J Consequently, miscellaneous petitions, if any shall stand closed. No costs.

_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 28.12.2017 ska