KRISHNA SHEENA SHETTY Vs. SURESH ANANT SAWANT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Rule, returnable forthwith. By consent of the parties taken up for final hearing. Mr.Suryawanshi, learned counsel waives service for the respondents.

(3.) The petitioner-plaintiff has filed a special civil suit No.632 of 1998 under section 6 of the Specific Relief Act, 1963 against the respondent-defendants, who allegedly dispossessed the petitioner forcibly from the suit premises. In the suit, the petitioner sought to produce two documents, alongwith his affidavit in lieu of an examination in chief, namely, an agreement for sale and a general power of attorney, both dated 6th April, 1996. The first respondent by filing an application at Exhibit-109 prayed for the impounding of these documents on the ground that they are neither registered nor sufficiently stamped. The Trial Court by an order dated 3.2.2006 allowed the application and impounded both these documents and directed the plaintiff to pay deficit stamp duty with ten times penalty within 30 days from date of the order. The plaintiff filed miscellaneous application No.298 of 2006 seeking review of the order dated 3.2.2006. The said application was also dismissed by the judgment and order dated 19.12.2006. This judgment and the order dated 3.2.2006 are impugned in the present writ petition.