G UDAYAKIRAN REDDY Vs. G RAMAKRISHNA REDDY

JUDGEMENT

(1.) The Petitioner filed O.S. No. 166 of 2006 in the Court of Junior Civil Judge, Nandikotkur, against the Respondents for the relief of perpetual injunction, in respect of the suit schedule property. It was pleaded that the property has fallen to the share of his grand-father in a family partition, and subsequently his grand-father executed a gift deed dated 18-08-2004, in his favour, and delivered possession. The Petitioner has also filed I.A. No. 331 of 2006, under Order XXXI Rules 1 and 2 Code of Civil Procedure During the course of enquiry into the I.A., the Respondents tried to rely upon a document, which according to them, was, a list of partition. The Petitioner raised an objection as to the admissibility of that document. He pleaded that it is a deed of partition and that it cannot be received, since it was not registered. The trial Court heard the arguments on this aspect, at length, and passed a detailed order dated 10-11-2009, overruling the objection. Hence this revision.

(2.) Learned Counsel for the Petitioner submits that the document in question is a deed of partition, through which, parties thereto brought into existence, severance of status, and in that view of the matter, it was required to be registered. He contends that the purpose, for which it is sought to be relied upon, cannot be treated as collateral, since the Respondents intend to prove the factum of partition, by filing that document.

(3.) Learned Counsel for the Respondents, on the other hand, submits that an arrangement between the parties to the said document has already taken place, and through the said document, it was just reduced into writing. It is also his case that, even if the document is otherwise registered, it can be received for collateral purposes.