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2019 Supreme(AP) 223

T.RAJANI
Prathipati Samba Siva Rao – Appellant
Versus
Prathipati Hanumantha Rao – Respondent


Advocates Appeared:
For the Appellant : Raja Bhogendra Nath
For the Respondents: V. Venugopala Rao

ORDER :

T. Rajani, J.

1. This revision is filed, under Article 227 of the Constitution of India, by the petitioner/respondent, questioning the order, dated 4.8.2016, passed in IA No. 172 of 2016 in OS No. 210 of 2014, by virtue of which the lower Court allowed the petition, which was filed by the petitioner, seeking to receive the partition list dated 16.5.1992 and also a gift deed dated 22.1.2005.

2. Heard Sri Rajabhogendranath, Counsel for the petitioner, and Sri V. Venugopala Rao, Counsel for the respondents.

3. By the impugned order, the Court below, considering that though the documents are not registered documents, they can be looked into for collateral purposes allowed the petition. While doing so, the Court relied on the judgment of the Kakkarla Vijaya and others v. Kakkarla Venkataiah, 1999 (6) ALD 642.

4. The judgment, which was relied upon by the Counsel for the respondent therein reported in Bolleddula Lakshmi Devi v. Bolleddula Papanna and others, 2003 (3) ALD 50 : 2003 (3) ALT 513, was also considered, wherein it was held that an unregistered partition deed cannot be looked into even for collateral purposes. But the Court by relying on the judgment reported in Khaja Habeeb

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