B BHASKAR REDDY Vs. BOMMIREDDY PATTABHI RAMI REDDY

JUDGEMENT

(1.) This civil revision petition, under Article 227 of the Constitution of India, is directed against an order made in O.S. No. 10 of 2002 on the file of learned Senior Civil Judge, Kovvur, Nellore District dated 21.6.2007, whereunder, the objection taken by the Learned Counsel for the defendants that the agreement of sale sought to be marked requires to be impounded and unless and until it is impounded it cannot be marked and admitted in evidence, was upheld.

(2.) Petitioner is the plaintiff. Respondents are the defendants. Plaintiff laid suit in O.S. No. 10 of 2002 on the file of learned Senior Civil Judge, Kovvur for specific performance of agreement of sale and delivery of possession. When the agreement of sale dated 4.5.1998 was sought to be marked, Learned Counsel for the defendants objected for the same, stating that the said document is inadmissible in evidence and stamp duty and penalty are required to be paid. After hearing both the parties, Court below passed the following order on 21.6.2007:

(3.) Further in a decision 2006 (2) ALD (NOC) 41 Marthala Pedda Subbamma @ Venkatasubbamma and Anr. it was held: