LAWS(APH)-2015-3-14

GIRISH P RUPANI Vs. BANDI VENKATA RAO

Decided On March 13, 2015
Girish P Rupani Appellant
V/S
Bandi Venkata Rao Respondents

JUDGEMENT

(1.) THIS civil revision petition is filed under Article 227 of the Constitution of India, by the petitioner in I.A.No.1039 of 2013 in O.S.No.702 of 2013, aggrieved by order dated 04.06.2014, passed by the Principal Senior Civil Judge, Vijayawada.

(2.) THE suit in O.S.No.702 of 2013 is filed for cancellation of registered General Power of Attorney -cumagreement of sale and for permanent injunction. In the aforesaid suit, the petitioner/plaintiff has filed an application in I.A.No.1039 of 2013 under Order 39 Rules 1 and 2 of CPC, and in the said petition, on behalf of petitioner/plaintiff, Exs.P -1 to P -22 are marked and on behalf of respondent, Ex.R -1 was sought to be marked which is receipt dated 25.02.2009, evidencing delivery of possession of property and at that stage, counsel for petitioner/plaintiff raised objection for marking of such document for want of stamp duty and penalty. On such objection, after hearing learned counsel for the parties, the Court below has passed the impugned order holding that the aforesaid document can be marked and no stamp duty or penalty is leviable on such document. As against the said order, this revision is filed.

(3.) HEARD learned counsel for petitioner and also the learned counsel for respondent.