MALKAPURAPU VENKATESWARLU Vs. M NAGESWARA RAO
LAWS(APH)-2019-6-10
HIGH COURT OF ANDHRA PRADESH
Decided on June 19,2019

Malkapurapu Venkateswarlu Appellant
VERSUS
M NAGESWARA RAO Respondents




JUDGEMENT

M. Seetharama Murti, J. - (1.)This civil revision petition, under Article 227 of the Constitution of India, is filed assailing the order, dated 07.02.2019, of the learned Principal Junior Civil Judge, Mangalagiri, passed in IA.No. 1575 of 2018 in OS.No. 157 of 2014.
(2.)I have heard the submissions of Sri D. Yathindra Dev, learned counsel appearing for the revision petitioners - defendants 1, 10 to 16 and of Sri Sreenivasa Rao Velivela, learned counsel appearing for the respondents 1 to 3 -plaintiffs. I have perused the material record.
(3.)The introductory facts, in brief, are as follows: -
In a suit for partition, the defendants 1, 9 to 16 ['the contesting defendants', for short], who are resisting the suit, filed an application under Section 38(2) of the Indian Stamp Act, 1899 read with Section 151 of the Code of Civil Procedure, 1908, ['Code', for short] requesting to send the original document, dated 05.04.2002, styled as 'Oppudala patram' [acceptance deed], filed along with the affidavit filed in lieu of examination in chief of DW2, to the District Registrar, Guntur, for deciding the stamp duty collectable on the said document and for collecting the deficit stamp duty and penalty. The said application was resisted by the plaintiffs. On merits and by the orders impugned in this revision, the trial Court dismissed the said petition. Hence, the defendants 1, 10 to 16 filed this revision.

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