VAIJNATH Vs. SHIVAJI

JUDGEMENT

(1.) Heard parties. Rule. Taken up for final disposal at the stage of admission with the consent of the parties.

(2.) The petitioner is raising challenge to order passed by the 3rd Joint Civil Judge, Junior Division, Beed on 3.3.2007 below application Exh. 45, in Regular Civil Suit No.35/2004. The plaintiff had presented the application to exhibit the document, which according to plaintiff, is a memorandum of partition. It is contended by the plaintiff that the document is not a partition deed though it is described as a partition deed and, therefore, it is not compulsorily registerable. Defendants, by filing their say at Exh.41, have controverted this contention and contended that the document is a partition deed and needs to be registered compulsorily and unless the said document is registered, the same cannot be exhibited and read in evidence.

(3.) The learned trial Judge proceeded to decide the controversy raised by the parties. The application tendered by the plaintiff came to be rejected. As such, the plaintiff is before this Court.