PADARTHI ANJAMMA Vs. GUMPULA YESUPADAM

JUDGEMENT

(1.) This civil revision petition under Article 227 of the Constitution of India is filed challenging the order passed by the Principal Junior Civil Judge, Chirala in I.A.No.595 of 2025 in O.S.No.28 of 2010 dtd. 2/7/2025.

(2.) The brief facts of the case are that, I.A.No.595 of 2025 was filed before the Court below under Sec. 151 CPC to send the document i.e. "Hamee Patramu" dtd. 29/7/2004 for the purpose of impounding the said deed and for payment of stamp duty and penalty by the petitioner/plaintiff, as per Sec. 38 of the Stamps and Registration Act, 1908.

(3.) The contention of the petitioner/plaintiff before the Court below was that, the petitioner filed O.S.No.28 of 2010 for permanent injunction against the respondents from ever interfering with the peaceful possession and enjoyment over the plaint schedule property. The suit is coming on for trial and the petitioner was already examined as P.W.1. Subsequently, she filed a document before the Court styled as "Hamee Patramu" dtd. 29/7/2004 pertaining to the plaint schedule property and also filed an additional chief affidavit. The "Hamee Patramu" dtd. 29/7/2004 is coupled with possession and the same was not registered at the time of execution. The suit is coming up for trial. Since the "Hamee Patramu" dtd. 29/7/2004 coupled with possession requires stamp duty and penalty to be paid by her, as such she filed I.A.No.595 of 2025 for the purpose of impounding the said document and for payment of stamp duty and penalty by her.