1 W.P.No.8861/11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8861 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.D.P.Palodkar, advocate for the petitioners. Mr.U.N.Shete, advocate for Respondent No.1. Mr.R.R.Mantri, advocate for Respondent No.2. CORAM : S.V.GANGAPURWALA,J. Date : 08.12.2011. PER COURT : 1. Heard. 2. The present petitioner has filed suit for declaration and injunction. During the course of evidence, the plaintiff sought to exhibit the document styled as partition deed. The said prayer is rejected by the trial court. Aggrieved thereby, the present petition is filed. 3. The learned counsel for the petitioner submits that the suit of the petitioner is based on the said partition deed. Even though the said partition deed requires registration and it is unregistered, still, the same can be used for collateral purpose to prove partition. The learned counsel submits that in view of this fact, the said 2 W.P.No.8861/11 document should have been exhibited. 4. Learned counsels for Respondents support the order. 5. The document can be exhibited by virtue of Order 13 of the C.P.C. only if the same is admissible in evidence and unregistered instrument which requires compulsory registration is inadmissible in evidence. In view of Section 49 of the Indian Registration Act, a document requiring compulsory registration though not registered can be used for collateral purpose. The purpose for which the said document is being sought to be exhibited by the petitioners is to prove the factum of partition. The factum of partition qua the partition deed can not be said to be a collateral purpose. 6. In light of the above, no error is committed by the Court while passing the impugned order. No interference is called for in the Writ jurisdiction of this Court under Article 227 of the Constitution of India. 7. The Writ Petition as such is dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.08.12.2011. asp/office/wp8861.11 3 W.P.No.8861/11