THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.903 of 2009 ORDER: This Civil Revision Petition is directed against the notice memo dated 04.02.2009 in O.S.No.65 of 2009 on the file of the Principal Junior Civil Judge, Srikakulam, wherein the trial Court directed the petitioner-plaintiff to pay Rs.55,000/- towards stamp duty and penalty for the disputed document dated 05.08.2006 produced by the plaintiff. Heard the learned Counsel for the petitioner. None appeared for the respondents though served with notices in the civil revision petition. The petitioner herein filed the suit for permanent injunction restraining the respondents-defendants from interfering with his possession and enjoyment of the plaint schedule property. According to him, he lent Rs.1.00 lakh to the defendants who promised to repay with interest at 24% p.a. and that he is in possession of the schedule premises as a tenant thereof. In support of his plea, he filed a document dated 03.11.2006 purporting to be a receipt passed by the first respondent-defendant No.1. The petitioner-plaintiff filed an application in I.A.No.141 of 2009 for grant of temporary injunction. At that stage, the trial Court issued the impugned notice directing the petitioner–plaintiff to pay Rs.55,000/- towards stamp duty and penalty construing the document as usufructuary mortgage. Learned Counsel for the petitioner would submit that the question of payment of any stamp duty and penalty would arise only in the event the petitioner presses the document as part of the evidence during the course of trial but not at this threshold stage where notices are not yet served on the defendants. In the circumstances, without going into the merits as to whether or not the disputed document is a mere receipt as claimed by the petitioner or is usufructuary mortgage requiring payment of stamp duty and penalty as directed by the trial Court at this stage, the trial Court is directed to proceed with the matter and decide the question regarding the nature of the document and requirement of payment of stamp duty and penalty for admission into evidence at an appropriate stage when the document is sought to be exhibited by the petitioner-plaintiff as part of evidence either in the interlocutory stage or at the time of the trial of the suit. Thus leaving the above question open to be considered by the trial Court at the appropriate stage, the Civil Revision Petition is disposed of. Interim stay granted earlier by this Court shall stand vacated. No costs. G.V.SEETHAPATHY,J Date:20.06.2011 usd