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2005 Supreme(AP) 884

Netrambaka Krishnaiah – Appellant
Versus
Nellore Audinarayana – Respondent


( 1 ) THE Civil Revision Petition is filed under article 227 of the Constitution of India being aggrieved by an Order dated 3-12-2004 made in I. A. No. 1053 of 2004 in O. S. No. 1030 of 1999 on the file of the learned Principal junior Civil Judge, Nellore.

( 2 ) THE petitioner is the plaintiff. He filed the suit in O. S. No. 1030 of 1999 initially for permanent injunction restraining the respondent-defendant from interfering with the suit schedule channel. Thereafter, it was amended to that of seeking mandatory injunction for restoration of the channel. The present I. A. No. 1053 of 2004 was filed by the respondent-defendant under Order XVIII rule 4 read with Section 151 of the Code of civil Procedure to determine the admissibility of understanding/agreement dt. 26-10-1987 marked as Ex. A-6 stating that it is hit by the provisions of the Stamp Act as well as the registration Act; therefore, it cannot be admitted in evidence. The petitioner-plaintiff resisted the same on the ground that the issue was already discussed and was confirmed by the Presiding Officer earlier and further, the document is only a letter of undertaking and it does not require stamp duty and penalty. After hear








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