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2022 Supreme(Online)(KER) 55496

THE SUB REGISTRAR – Appellant
Versus
DAVIS – Respondent


JUDGMENT

SHAJI P. CHALY, J.

The captioned appeal is filed by the respondents in W.P.(C) No.

8224 of 2019, ie., the officials of the State, challenging the judgment of the learned single Judge dated 08.07.2019, whereby the writ petition was allowed and Ext.P4 order dated 16.10.2017 passed by the District Registrar General, Thrissur and P5 order dated 30.10.2018 of the Land Revenue Commissioner were set aside.

2. The District Registrar, Thrissur, as per Ext.P4 order dated

16.10.2017, found that Ext.P3 partition deed dated 05.08.2017 produced before Sub Registrar, Irinjalakuda would not come under the definition of ‘document of deed of partition’ and therefore, it cannot be considered as a deed of partition and the writ petitioner was directed to pay the stamp duty payable to the assignment deed, which order was upheld by the Land Revenue Commissioner in Ext. P5 order dated 30.10.2018. It was, thus, challenging the legality and correctness of the said orders, the writ petition was filed.

3. The learned single Judge has found that A schedule property admittedly is kept common as per Ext. P1 registered partition deed executed by and between the parties, and which property alone was again par

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