JUDGMENT

Dinesh Mehta, J. - By way of present writ petition, petitioner has challenged the order dated 09.09.2016, whereby an application filed by the defendant under Section 17 and 49 of the Registration Act has been disposed of by the Civil judge, Pindwara (Sirohi).

2. The facts in nutshell, necessary for adjudication of the present case are that the petitioner-plaintiff filed a suit for declaration and permanent injunction, on the footing of a memorandum of settlement dated 22.03.2011. During the course of the proceedings, defendant filed an application dated 06.07.2016 under Section 17 and 49 of the Registration Act, inter alia, contending that the document in question, namely memorandum of partition, requires registration and in absence of requisite registration, the document cannot be taken on record and considered.

3. While deciding the said application vide order dated 09.09.2016, the Court below has categorically held that the memorandum of settlement or the agreement in question does not require registration, as the same is neither an instrument nor a memorandum of settlement, as the same was signed by only one person.

4. However, while deciding the said application, the C