M. SURENDRA RAO Vs. M. RAVEENDRA RAO

JUDGEMENT

(1.) In a suit filed by the present petitioner as a plaintiff in O.S.No.411/2015, in the Court of the learned II Additional Senior Civil Judge, Mangaluru, Dakshina Kannada, (hereinafter for brevity referred to as "the Trial Court"), the defendant No.1 (respondent No.1 herein) in his evidence, after some deliberations, got marked a document as Ex.D-3 (Annexure F herein).

(2.) The present petitioner as a plaintiff therein objected to the marking of the said document, contending that the said document is a compulsorily registerable document, as such, it attracts duty and the registration. The Trial Court after hearing both side, in its order dtd. 4/11/2016 observed that the said document is only a family agreement and that the ownership rights are not conveyed. Therefore, by imposing a penalty of Rs. l,000/- as ten times of the alleged deficit duty of Rs. 100/-, the Trial Court proceeded to permit the marking of the said document as Ex.D-3 on the next date of hearing, i.e. on 15/11/2016, however, after recording in the deposition sheet that, without prejudice to the rights and interest of the plaintiff and reserving right to him, to address his arguments at the time of main argument in the suit. Aggrieved by the said finding recorded by the Trial Court in its orders dtd. 4/11/2016 and 15/11/2016, the plaintiff in the Trial Court is before this Court as a petitioner.

(3.) Heard the arguments from both side.