Alokaradhe, J.

1. In this petition under Article 227 of the Constitution of India the petitioners have challenged the validity of the order dated 6-7-2009 passed by the trial Court by which the objection raised by the respondent with regard to admissibility of partition deed dated 2-11-1985 has been upheld and the same has been held to be inadmissible in evidence on the ground that it is neither registered nor properly stamped.

2. Facts, giving rise to filing of the writ petition, briefly stated are that the house bearing number 1664 situated at Gorakhpur, Jabalpur was an ancestral property of which late Narmada Prasad Shukla and Basant Awasthy were the joint owners. On 2-11-1985 a partition deed was executed. Late Narmada Prasad Shukla, Smt. Shyama Bai, wife of Narmada Prasad Shukla late Smt. Munni Bai and late Basant Awasthy were parties to the aforesaid partition deed. Though the partition deed was not registered yet the parties were placed in possession of their respective shares in the year 1985 in pursuance of the partition deed. The parties were given the right of preemption to purchase the property. The respondent who is a stranger to the family, filed the civil suit for