IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No. 1158 OF 2010 Between: Gandreddy Venkata Gopal Krishna … Petitioner And Gandreddy Muralikrishna and four others … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.1158 of 2010 ORDER:- Petitioner/defendant No.1 is in revision under Article 227 of the Constitution of India challenging the order of the Senior Civil Judge, Pithapuram dismissing I.A.No.601 of 2009 in O.S.No.100 of 2005, dated 03.02.2010. In the suit filed by respondent Nos.1 and 2/plaintiffs for passing a preliminary decree for partition of the plaint schedule property, Ex.A1-agreement was marked and plaintiff No.2, who was examined as P.W.1, was cross-examined at length on behalf of the petitioner and elicited that he did not enter into an agreement with plaintiff No.1 and he should pay the stamp duty on Ex.A1 or the stamp duty on the proposed sale deed. A suggestion was also given to P.W.1 that he did not pay Rs.60,500/- on the date of execution of Ex.A1 i.e., why no endorsement was made by the Sub-Registrar on Ex.A1 though he obtained Ex.A2 receipt, which was denied by the P.W.1 and only after cross-examination of P.W.1 on Ex.A1, the present petition is filed to exclude Ex.A1 from the evidence of P.W.1 and to impound the same for the purpose of levying and collecting proper stamp duty and penalty. At the time of marking of the document when no objection was raised, whether the same can be admitted in evidence or not, can be a matter which can be gone into during the course of the trial. In view of the same, no illegality or infirmity is discernable with the order passed by the trial Court warranting correction under Article 227 of the Constitution of India. Accordingly, the civil revision petition is dismissed. No costs. __________________ A.GOPAL REDDY, J 16th April 2010 lmv