BALASO BHIMGONDA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The only issue arisen in this Writ Petition is "whether the trial Court was justified in sending unregistered Partition Deed to the Collector of Stamps for payment of requisite stamp and penalty".

(2.) This issue arose during the trial of Regular Civil Suit No.105 of 2014 pending in the Court of Civil Judge Senior Division -Gadhinglaj, Kolhapur. It was a Suit for Partition filed by the present Respondent Nos.2 and 3 along with others. Whereas, present Petitioner is Defendant No.1. It was a Suit for Partition and declaration about saledeed dtd. 11/2/2003 being not binding on the Plaintiff. The Suit property is as follows:-

(3.) Present Petitioner refuted the averments in the Plaint and he has pleaded about Partition of the Suit land already taken place and recorded in the unregistered document dtd. 18/1/2013 titled as "Noting of partition by way of family arrangement". He claims, as per the said arrangement, two Suits lands were allotted to his exclusive ownership. It is pertinent to note that the said agreement is challenged by the Plaintiffs by way of an amendment to the Suit. Insufficient stamping