MANDAVA SUGUNAVATHI Vs. MANDAVA RATNAGIRI RAO

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India questioning the Order passed by the Senior Civil Judge, Avanigadda, Krishna District in I.A.No.391 of 2010 in O.S.No.11 of 2010, dated 02.06.2010.

(2.) The petitioners therein filed I.A.No.391/2010 in O.S.No.11/2010 and the respondent herein preferred this Revision Petition against the Orders passed in I.A.No.391/2020 wherein, the trial Court adjourned the hearing of Interlocutory Application under Order 39 Rules 1 and 2 CPC till impounding the document i.e., agreement of sale by the competent authority.

(3.) It appears from the record that the said application is filed under Order 39 Rules 1 and 2 CPC in a pending suit, but marking of the document i.e., agreement of sale was objected before the Court below for want of stamp duty and penalty. Thereupon, the document is proposed to be impounded in terms of the Stamp Act by filing appropriate application and at this stage on account of pendency of the application filed for impounding the document. The said application was filed before the trial Court seeking adjournment. This Order was passed about 10 years ago, still the application for impounding the document under Order 13 Rule 8 CPC is pending before the Court.