- (1.) By this petition, the petitioner has challenged the order dated 23.10.2008 passed by the Additional District Judge (Fast Track) No.2, Udaipur (for short 'the learned court below' hereinafter) in Civil Original Suit NO.376/2003, whereby the learned court below has decided the Issue No.8 in favour of the respondent and against the petitioner has held that the memorandum of partition deed dated 10.4.2001 is not properly stamped and registered and, therefore, not admissible in evidence.
(2.) Brief facts, necessary for disposal of this writ petition are that the petitioner-plaintiff filed a suit for specific performance of the contract, possession, permanent injunction and declaration against the defendant/non-petitioners before the learned court below seeking the decree of specific performance of contract and it was also prayed that the sale deed executed by non-petitioner No.1 in favour of the non-petitioner No.2 may be declared void ab initio and the possession over the suit property may be delivered to the petitioner and a decree for permanent injunction was also sought. The non-petitioner No.1 resisted the suit and filed written statement, however he denied the partition between the brothers dated 21.12.2000 and also denied to have executed the deed dated 10.01.2001, whereby it was agreed between the parties for selling out of the suit premises on the consideration of L 12 lacs. The non-petitioner No.2 also filed the written statement and resisted the suit.
(3.) The learned court below, on the basis of pleadings of the parties, framed as many as 11 issues, out of which the issue no.8 is reproduced hereunder:;