THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.5327 OF 2010 DT.10.03.2011 Between: K.Chndra Sekhar and another ………………..Petitioners Vs. V.Rajasekhar and others. Respondents O R D E R: This revision petition is filed under Article 227 of the Constitution of India, assailing the order, dated 28.09.2010 passed in I.A.No.2281 of 2010 in O.S.No.547 of 2006 on the file of the Additional Chief Judge, City Civil Court, Hyderabad. The facts of the case in brief are that the petitioners herein filed the said application under Order 13 Rule 9 read with Section 151 of C.P.C., to recall the original agreement of sale, dated 11.12.2003 from the District Registrar, Hyderabad for proceeding with the trial of the case. The court below holding that the agreement of sale requires impounding for payment of stamp duty and penalty to receive the same and thereby dismissed the said application. Hence, the present revision. The learned counsel for the petitioners brought to my notice a judgment of this court reported in B.BHASKAR REDDY VS. BOMMIREDDY PATTABHI RMI REDDY & OTHERS[1], wherein it was held that the agreement of sale in question does not fall within the scope of Explanation-1 to Article 47-A of Schedule I-A of the Indian Stamp Act. Thus, impounding of such document does not arise. In view of the above decision of this Court, the impugned order, dated 28.09.2010 passed by the II Additional Chief Judge, City Civil Court, Hyderabad in I.A.No.2281 of 2010 in O.S.No.547 of 2006 is liable to be set aside and is accordingly set aside and the agreement of sale is ordered to be admitted in evidence. The civil revision is accordingly allowed. No order as to costs. _________________ B.PRAKAKSH RAO J., Dt.10.03.2011 tjs [1] ) AIR 2011 AP 1