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IN THE COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SMT. JUSTICE RENUKA YARA

CIVIL REVISION PETITION NO.2784 of 2025

16^TH DAY OF JULY, 2026

Between:

Mirza Humayun Ali Baig

…Revision petitioner/claim petitioner/third party

and

Mirza Iftequar Ali Baig and 8 others

…Respondents/respondents/decree holders/JDRs

O R D E R:

Heard Sri Mohd. Gulam Hyder, learned counsel for the

petitioner and Sri Sankalp Pissay, learned counsel for

respondent Nos.1 and 2. Perused the record.

2. The Civil Revision Petition is preferred by the revision

petitioner/claim petitioner/third party aggrieved by the docket

order passed by the learned Principal Senior Civil Judge,

Ibrahimpatnam (for short ‘the Trial Court’) in E.A.No.33 of 2024

in E.P.No.17 of 2023 dated 15.04.2025, wherein, the prayer of

petitioner to mark the documents has been rejected.

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3. The background facts of the case are that the

respondent Nos.1 and 2/DHRs filed a suit in O.S.No.383 of

2022 for specific performance before the Trial Court and said

suit was decreed vide judgment and decree dated 03.04.2023.

Pursuant to said judgment and decree, the respondents filed

E.P.No.17 of 2023 seeking execution of registered sale deed and

delivery of possession. In said E.P., the revision petitioner

herein filed claim petition vide E.A.No.33 of 2024 claiming to

have right in part of the E.P schedule property by virtue of

Agreement of sale dated 01.07.2015 which is a prior agreement

to the one executed in favour of respondent Nos.1 and 2 on

29.12.2020. In said claim petition, the petitioner intended to

mark Certified copy of agreement dated 01.07.2015, Certified

copy of receipt dated 17.10.2005, Certified copy of plaint in

O.S.No.153 of 2021 on the file of Junior Civil Judge,

Maheshwaram, Certified copy of injunction petition and

affidavit in I.A.No.367 of 2021 in O.S.No.153 of 2021, Certified

copy of chief examination affidavit of claim petition in

O.S.No.153 of 2021 and Certified copy of docket order dated

11.08.2022 in O.S.No.153 of 2021.

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4. Upon considering the case of the petitioner, the Trial

Court vide impugned docket order dated 15.04.2025 refused to

mark the documents. Aggrieved by the same, present Civil

Revision Petition is preferred.

5. In grounds of revision, it is pleaded that the only reason

cited for refusal to receive the documents is that the documents

sought to be marked are unregistered documents and that said

documents are not relevant for disposal of the claim petition.

6. Learned counsel for the petitioner submits that the

petitioner has purchased part of the E.P schedule property

under the agreement dated 01.07.2015 which is prior in time to

the agreement on which the respondent Nos.1 and 2 obtained a

decree for specific performance in O.S.No.383 of 2022.

According to the petitioner, his rights in part of E.P schedule

property are superior to the rights of the respondent Nos.1 and

2. Further, it is pleaded that the documents are sought to be

marked in order to prove that the petitioner has right in part of

E.P schedule property and in that context, a suit for specific

performance is filed. Further, reference is made to Section 49 of

the Registration Act to contend that an unregistered Agreement

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of sale can be marked in a suit for specific performance or for

proving collateral purpose.

7. Learned counsel for respondent Nos.1 and 2 fairly

conceded that respondent Nos.1 and 2 have no objection for

marking of Certified copy of plaint in O.S.No.153 of 2021,

Certified copy of injunction petition and affidavit in I.A.No.367

of 2021 in O.S.No.153 of 2021, Certified copy of chief

examination affidavit of claim petition in O.S.No.153 of 2021

and Certified copy of docket order dated 11.08.2022 in

O.S.No.153 of 2021. It is submitted that an unregistered

Agreement of sale can be marked in a suit for specific

performance of that agreement but not any other suit if not for

collateral purpose. It is submitted that the sole purpose of the

claim petition which is based on unregistered agreemen