The order of the learned Single Judge dismissing the writ petition is assailed.

2. Mr. Shah, learned Counsel submits that the document in question “Partition-Deed” is unregistered and is also not properly stamped. In view of that the document is inadmissible in evidence. Learned Single Judge has failed to consider the aspect of the document being insufficiently stamped in its correct perspective. Learned Counsel relied on the provision of section 34 of the Bombay Stamp Act.

3. Mr. Barde, learned advocate submits that present LPA is not maintainable and order is passed under Article 227 of the Constitution of India as learned Single Judge was exercising the jurisdiction under article 227 of the Constitution of India and relied upon judgment of Division Bench of this Court in the case of Mansaram Sampat Patil and ors. vs. Sambhu Harchand Chaudhary and ors., 2004(4) Mh.L.J. 1105.

4. Learned Advocate further submits that the document which is in the nature of family settlement and is a memorandum of partition, does not require compulsory registration. Learned Advocate relied on the judgment of Apex Court in the case of Kale and others vs. Deputy Director of Consolidation and ors