PARCHURI SIREESHA Vs. CHALLAPALLI JALAJA

JUDGEMENT

(1.) In this revision, under Article 227 of the Constitution of India filed by the defendants, the challenge is to the order, dated 18.02.2019, of the learned III Additional District Judge, Guntur, passed in IA.no.378 of 2017 in IA.no.785 of 2016 in OS.no.291 of 2016. By the said order, the application filed by the defendants under Section 33 of the Indian Stamp Act, 1899, and Section 151 of the Code of Civil Procedure, 1908, requesting the Court to pass orders to collect deficit stamp duty from the 1st petitioner - 1st defendant by impounding the gift deed, dated 02.07.1987, was dismissed.

(2.) I have heard the submissions of Sri Sreenivasa Rao Velivela, learned counsel appearing for the revision petitioners- defendants ['defendants, for brevity]' and, of Ms. Nimmagadda Revathi, learned counsel appearing for the respondent-plaintiff ['plaintiff', for brevity]. I have perused the material record.

(3.) The introductory facts, in brief, are as follows: - 'The plaintiff instituted the suit against the defendants for declaration and consequential relief of recovery of possession of the plaint schedule property after directing the defendants to vacate and deliver the same to the plaintiff and for costs. The defendants are resisting the suit by filing a written statement. During the pendency of the said suit, the subject Interlocutory Application is filed by the defendants seeking the afore-stated relief.'