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2022 Supreme(AP) 1259

BANDARU SYAMSUNDER
Vayyeti Srinivasa Rao – Appellant
Versus
Gaineedi Jagajyothi – Respondent


Advocates appeared:
P.Rajakumar, Advocate, K.Krishna, Advocate

JUDGMENT

BANDARU SYAMSUNDER,J. - This civil revision petition is filed by the petitioner/plaintiff under Article 227 of the Constitution of India, against the Orders passed by the learned V Additional District Judge, East Godavari at Rajamahendravaram, dtd. 21/12/2016, wherein and whereby the learned trial Judge held that Ex.A1 agreement of sale is liable for stamp duty and penalty, failing which marking of document as Ex.A1 will be eschewed.

2. The petitioner filed the suit against the respondent, seeking specific performance of agreement of sale, dtd. 14/10/2009 directing the defendant to execute a regular registered sale deed in respect of plaint schedule house property with an alternative relief of refund of advance amount of Rs.6,50,000.00 with interest with a relief of injunction restraining the respondent from alienating the plaint schedule property, pending disposal of the suit.

3. When the suit was coming up for trial, the petitioner filed his chief-examination affidavit in the suit as PW.1, on 27/11/2015. Then on 21/3/2016, the petitioner as PW.1 was sworn in. In further chiefexamination, Ex.A1 unregistered agreement of sale, dtd. 14/10/2009 marked subject to proof and relev

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