THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.4910 of 2011 ORDER: This Civil Revision Petition under Article 227 of the Constitution of India is filed by the second defendant in O.S.No.70 of 2009, against order, dated 19.08.2011 passed in O.S.No.70 of 2009 on the file of Senior Civil Judge, Jangaon, Warangal District. During the course of trial, a document, dated 18.11.1994 was sought to be introduced by the petitioner/second defendant. As there was an objection by the first respondent/plaintiff with regard to admissibility of such document on the ground that the same is not registered and no required stamp duty is paid, the Court below by looking at the document in question, on the ground that though it is termed as an agreement, one party has relinquished the shares on the part of others, has taken the view that unless it is stamped and penalty is paid, the said document cannot be admissible in evidence, and thereby, upheld the objection of the first respondent/plaintiff, by his order, dated 19.08.2011. In this Civil Revision Petition, it is submitted by the learned counsel for the petitioner that the finding of the Court below that the document in question is to be treated as relinquishment deed is not correct. It is further submitted that admissibility of the document can be decided at the time of hearing. He relied on the judgment of the Supreme Court in the case of N.KHADERVALI SAHEB (DEAD) BY L.R.s AND ANOTHER v. N.GUDU SAHIB (DEAD) AND OTHERS[1] and also the judgment of the learned Single Judge of this Court in the case of MEDA ANJAMMA AND ANOTHER v. VIKRAM CHINA VEERAIAH AND OTHERS[2]. On the other hand, it is submitted by the learned counsel appearing for the first respondent/plaintiff that from a perusal of the contents of the document in question, it clearly reveals that it is a relinquishment deed. In this view of the matter, unless it is stamped, it is not admissible in evidence. I have heard the learned counsel for the parties and perused the document in question. Looking at the contents of the document in question makes it clear that though the caption is an agreement, the contents of it reveal that it is a relinquishment deed. Though the learned counsel for the petitioner has placed reliance on the afore-cited judgments, having regard to the facts and circumstances, the said judgments would not render any assistance in support of the submissions of the learned counsel for the petitioner. In that view of the matter, having regard to the recitals in the document in question, I do not find any illegality, which warrants interference in the order passed by the Court below under Article 227 of the Constitution of India. The Civil Revision Petition is devoid of merit and it is accordingly dismissed. However, it is made clear that it is open to the petitioner to pay stamp duty and penalty as directed by the Court below, to mark the document in question. No order as to costs. ______________________ R.SUBHASH REDDY, J 26th DECEMBER, 2011. kvni [1] AIR 2003 SC 1524 [2] 2006(2) ALD 710