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2005 Supreme(AP) 282

B.SUDERSHAN REDDY
DASUPUTRUNI SURYANARAYANA – Appellant
Versus
DASUPUTRUNI ADINARAYANA – Respondent


B. SUDERSHAN REDDY, J.

( 1 ) THIS Civil Revision Petition is directed against the order, dated 9-8-2004, made in i. A. No. 2877 of 2003 in O. S. No. 18 of 1996 on the file of the learned Principal Junior Civil judge s Court, Anakapalle.

( 2 ) LEARNED Judge allowed the application filed by the respondents/defendants under order VIM Rule 1-A (3) of the Code of Civil procedure to receive the documents. The document No. 1 that is sought to be filed is the sale agreement, dated 2-3-1995, and the document No. 2 is the sale deed, dated 16-10-1995. The petitioner herein filed counter in the trial Court contending that the document No. 1, sale agreement, dated 2-3-1995, is the possessory agreement and it has to be charged as a sale deed and it also requires registration. The application is filed belatedly to protract the litigation.

( 3 ) THE trial Court having examined the contents of the document found that the document No. 1 sought to be filed into the court is the agreement of sale, dated 2-3-1995, which ultimately culminated into sale deed, dated 16-10-1995, on which the stamp duty was paid. Learned Judge, accordingly allowed the application filed by the respondents/ defendants to recei


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