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2019 Supreme(AP) 123

M.SEETHARAMA MURTI
Malkapurapu Venkateswarlu – Appellant
Versus
M. Nageswara Rao – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Doddala Yathindra Dev
For the Respondent: Srinivasa Rao Velivela

ORDER :

M. SEETHARAMA MURTI, J.

1. This civil revision petition, under Article 227 of the Constitution of India, is filed assailing the order, dated 7.2.2019, 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 5.4.2002, styled as 'Oppudala Patram' [acceptance deed], filed alongwith the affidavit filed in lieu of examination in chief of D.W. 2, 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

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