KUBERAPPA Vs. T C GOPAL

JUDGEMENT

(1.) PETITIONERS and respondent no. 3 are defendants and respondent No. 1 is the plaintiff before the trial Court. In this order for convenience, the parties are referred to their status before the trial Court.

(2.) PLAINTIFF filed O. S. No. 203/2005 against the defendants for partition and separate possession of his 7/30th share in the plaint schedule property. The defendants 1 to 3 filed written statement inter alia contending that on 25-4-1987, a partition had already taken place and therefore the question of again partitioning plaint schedule properties will not arise. On the basis of pleadings, the trial Court framed issues and the plaintiff completed his evidence on his side. At the time of evidence of DW-1 he tried to produce the partition deed dated 25-4-1987. Learned counsel for the plaintiff objected for marking the partition deed dated 25-4-1987 on the ground that it is not duly stamped and that the same is unregistered. The trial Court after hearing both the parties passed the impugned order upholding the objections raised by the plaintiff and refused to admit the partition deed dated 25-4-1987 in the evidence of DW-1. Hence this writ petition by defendants 1 to 3.

(3.) HEARD arguments on both the side and perused the entire writ papers.