A Pushpa Latha v. M Malla Reddy

THE HON'BLE DR. JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.7 3 1 1 OF 2 0 1 8 ORDER:

This revision, under Article 227 of the Constitution of India, is filed by the petitioner/ plaintiff aggrieved by the docket order dated 26.11.2018 passed in O.S.No.1248 of 2012 on the file of the VIII Additional District Judge, Ranga Reddy District at L.B. Nagar.

2.

Heard learned counsel for the revision petitioner/ plaintiff, learned counsel for the respondents/ defendants and perused the record.

3.

Learned counsel for the revision petitioner/ plaintiff would submit that the subject partition deed dated 04.04.1982 cannot be received in evidence until stamp duty and requisite penalty are paid before the Court below. Without collecting the stamp duty and requisite penalty, the Court below erroneously passed the docket order observing that the said document is admissible in evidence.

4.

Learned counsel for the respondents/ defendants has fairly conceded that the respondents/ defendants are ready to pay the stamp duty and requisite penalty.

5.

Under these circumstances, the Court below is directed to take necessary steps before marking the said document in evidence.

6.

With the above direction, the Civil Revision Petition is disposed of.

The Miscellaneous Petitions, if any, pending shall stand closed. No costs.

______________________ Dr . SHAMEEM AKTHER, J Date: 12.02.2020 ssp