EMMADI NIRANJAN Vs. BODDU RAMANAMMA

JUDGEMENT

(1.) The present revision petition is filed being aggrieved by the order dtd. 8/2/2022 made in I.A.No.204 of 2021 in O.S.No.190 of 2009 on the file of the II Additional Junior Civil Judge cum Judicial Magistrate of First Class, Warangal, whereunder, the said petition was dismissed.

(2.) The petitioners herein are defendants in O.S.No.190 of 2009. The brief facts of the case are that the said suit was filed under Sec. 26 read with Order VII Rule 1 of the Civil Procedure Code (for short 'C.P.C') seeking permanent injunction over the suit schedule property. In the said suit, the defendants filed I.A.No.204 of 2021 under Order XIII Rule 3 read with Sec. 151 of C.P.C., praying to de-exhibit Ex.A1 i.e., unregistered sale agreement and to remove the same from the Court records stating that as per the provisions of Sec. 17 of the Indian Registration Act, 1908 (for short 'Act, 1908') any document through which possession can be delivered has to be a registered one but the Ex.A1 is not a registered document though the possession is said to have been conveyed by the donor of plaintiff. Therefore, prayed to de-exhibit Ex.A1.

(3.) On behalf of the respondent/plaintiff, a counter affidavit was filed in I.A.No.204 of 2021 stating that the petition is neither maintainable on facts, nor on law, as Ex.A1 was marked on 30/8/2011 in the presence of counsel appearing for petitioners/defendants and at that time no objection was raised on their behalf as it is duly impounded. It was stated that the existence of Ex.A1 is also mentioned in Ex.A2 i.e., the registered gift settlement deed dtd. 30/3/2003. It was contended that Ex.A1 was also sent for expert opinion, according to which the signature of father of defendant No.1 tailed with the signatures appearing on the acquaintance register of father of deceased defendant No.1. Therefore, prayed this Court to dismiss the petition.