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2024 Supreme(Online)(AP) 3551

HIGH COURT OF ANDHRA PRADESH
B.S. BHANUMATHI, J
POTHABATTINA HANUMANTHA RAO – Appellant
Versus
JADA SAMRAJYAM – Respondent


O R D E R:

This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 16.02.2023 dismissing I.A.No.78 of 2023 in O.S.No.479 of 2013 on the file of the court of the II Additional Junior Civil Judge, Guntur filed by the plaintiffs under Section 35 of the Indian Stamp Act to send the unregistered possessory agreement dated 02.06.2000 for collecting deficit stamp duty and penalty.

2. The plaintiffs filed suit for specific performance of the agreement by executing regular registered sale deeds in favour of the plaintiffs no.1 to 3, based on the document sought to be impounded. According to the plaintiffs, the suit schedule property was devolved on Pothabathina Ramaiah and Pothabathina Venkateswarlu under an oral partition and that Pothabathina Venkateswarlu remained a bachelor and died on 31.05.2000 and further that the plaintiffs had to accept the Will dated 30.07.1998 propogated by the first defendant that it had been executed by late Pothabathina Vekateswarlu, as the dispute arose before the elders of the village shortly after his death. The plaintiffs further stated that the first defendant sold the suit schedule property to the plain

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