Arikatla Rajya Lakshmi v. Marella Anjaneyulu

THE HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO CIVIL REVISION PETITION No.618 of 2015 ORDER:

This Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the order dt.30-122014 in O.S.No.210 of 2008 of the Additional Senior Civil Judge, Ongole permitting the defendants to mark an unregistered document dt.14-12-2000.

2. In the impugned order, the Court below held that the contents of the document indicate that the said document records a past transaction of a partition, that therefore it is not a compulsorily registerable document and it can be even received for a collateral purpose.

3. Challenging the same, this Revision is filed.

4. The learned counsel for petitioner Dr.K.Manmadha Rao has placed before me the said document. The recitals in the document indicate that there is a prior partition among the parties to the said document, which is recorded therein. So, it is not a compulsorily registerable document because no right in praesenti is created under the said document. Therefore, I am of the opinion that the

Court below is right in holding that the document in question can be received in evidence since it is not a compulsorily registerable document.

5. Accordingly, I do not find any merit in the Revision and it is accordingly dismissed. No costs.

6. As a sequel, miscellaneous petitions pending, if any, shall stand disposed of.

___________________________________ JUSTICE M.S. RAMACHANDRA RAO Date: 30-06-2015 Vsv