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1995 Supreme(AP) 455

B.SUBHASHAN REDDY
Baparowthu Nookamba – Appellant
Versus
Baparowthu Durgamba – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) ). THIS revision petition arises against the Order dated 7-6-1995 passed in i. A. S. R. No. 525 of 1995 in O. S. No. 29 of 1985 on me file of the Court of the subordinate Judge, Amaapuram.

( 2 ) THE said Suit was filed for partition and after a long drawn battle, the parties entered into compromise by excluding some properties from partition. A memo was filed before the trial Court, which was accompanied by the terms of compromise, for recording compromise and to pass a preliminary decree in terms thereof. The lower Court recorded the compromise. However, the Office of the Subordinate Judge, Amalapuram called for deposit of non-judicial stamps for engrossing the decree. Then the above I. A. S. R. was filed stating mat what was sought to be passed was only a preliminary decree and not a final decree; as such, the question of payment of either Court fee or deposit of non- judicial stamps does not arise. But, the Court below did not accede to the said contention and rejected the said application; against which, this revision is preferred.

( 3 ) MR. V. L. N. Gopala Krishna Murthy, the learned Counsel for the petitioner, submits, that in a preliminary decree,




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