HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.1549 of 2009 Dated 22-11-2010 Between: Chappa Srirama Murthy. …Petitioner. And: Chappa Hymavathi and others. …Respondents. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.1549 of 2009 ORDER: Defendant No.1 in a suit for partition in O.S.No.40 of 2006 before the Court below is aggrieved by the impugned order holding that the document evidencing partition list dated 31-12-1982 which is sought to be marked by the petitioner, was disallowed on the ground that the said document requires registration and cannot be allowed to be marked as it is inadmissible. Heard both the learned counsel. The document in question is in Telugu language, contents of which were read out by the learned counsel for the petitioner and not disputed by counsel for R.1 undoubtedly refers to the sharing of the properties by the respective parties much earlier as per the partition and the list with respect to shares held by the parties is recorded in the said document. Prima facie the said document clearly refers to prior partition between the parties and that respective parties are enjoying their respective shares. I am of the view therefore that the said document clearly supports the nomenclature of a Memorandum of past partition which is not subjected to the Registration under Section 17 of the Registration Act. The Court below however treated it as a Memorandum of Partition and that it requires registration and disallowed the said document being marked. It is well settled that the document which effects partition inpresentee would be a document of partition but not one which records a partition at much anterior point of time. I, am therefore, inclined to allow the revision permitting the petitioner to mark the said document as Memorandum of past partition. However, the respondents shall be at liberty to adjudicate his contention with respect to the admissibility of this document on the above ground during the final disposal of the suit. The Court below therefore shall proceed with the trial by permitting the petitioner to mark the said document. Accordingly, this Civil Revision Petition is allowed. No costs. _____________________________________ JUSTICE VILAS V. AFZULPURKAR Dated 22-11-2010. Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.1549 of 2009 Dated 22-11-2010