AMBARI MOHINI Vs. PEDDIREDDY BHAGYAMMA

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioners/plaintiffs and the learned counsel appearing for the respondent/defendant. This Civil Revision Petition is filed under Article 227 of Constitution of India against the order passed by the V Additional Junior Civil Judge, Warangal in O.S.N.41 of 2006.

(2.) THE brief facts relevant for considering the present Civil Revision Petition are that the revision petitioners filed a suit for perpetual injunction and also for mandatory injunction in respect of the schedule mentioned property against the defendant. Apart from seeking permanent injunction against the defendant not to interfere with the suit property, the plaintiffs sought a relief of mandatory injunction, directing the respondent/defendant to remove the door and two windows erected towards the house of the revision petitioners.

(3.) IN the course of trial, when the matter was posted for defence evidence, the defendants husband was examined as Dw.1 and Exs.B1 to B11 were marked on behalf of the defendant. Subsequently, the defendant filed an agreement dated 29 -4 -1997 duly executed by both the parties on a non judicial stamp paper worth Rs.30/ -. The plaintiffs objected for marking the said document on the ground that it was not properly stamped and registered and therefore, it cannot be received in evidence.