P.K. JAISWAL, J.

1. Shri Sameer Athawale, Article, Advocate for the petitioner (plaintiff)Shri Sunil Kumar Yadav, Advocate for respondent No. 1, 2 and 3.

2. By this writ petition under Article 227 of the Constitution of India, the petitioner - plaintiff is praying for setting aside of order dated 25.4.2016 passed by the trial court whereby, the learned trial court has held that the recital Annexure P/5, cannot be termed to be a memorandum of family settlement and the aforesaid document required compulsory registration.

3. Learned counsel for the petitioner submits that Exhibit P/5, being a memorandum dated 21.5.2008 of family settlement need not be required to be compulsorily registered nor the same speaks of relinquishment of right by remaining sons of Ramchand son of Modiram, nor it is a deed relinquishing a right of title. He has drawn my attention to the decision of the Apex Court in the case of Narendra Kante v. Anuradha Kante and Ors. , reported as (2010) 2 SCC 77, Rukayya Bai v. Munni Bai and Anr. , reported as [2004 (2) M.P.L.J 92 and M. Venkataramana Hebbar (dead) by LRs v. M. Rajagopal Hebbar and Ors., reported as (2007) 6 SCC 401 and submitted that an oral partition