1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR WRIT PETITION NO.2471/2008 Surendra s/o Ravindrapratap Giri Goswami and others ...Versus... The State of Maharashtra and others -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri S.D. Deshpande, Adv. for petitioners] CORAM:- A.B. CHAUDHARI, J. DATED :- 15.07.2008 Heard learned Counsel for the petitioners. He argued that that the Courts below went wrong in holding that the document of partition was required to be registered under the Registration Act. According to him, the document of partition does not require any registration. He, therefore, prayed for setting aside those orders. Having heard Counsel for the petitioners, I have gone through the document of partition which is on a stamp paper of Rs.100/-. The recitals in the said document of partition in explicit terms show that by the said document of partition the partition took place and, 2 therefore, it cannot be held that this document of partition is memorandum of partition or partition Fard. On the contrary, that is a document of partition by which the partition is made. In the light of the judgment of the Supreme Court in the case of Roshan Singh and others...Versus...Zile Singh and others, reported in AIR 1988 Supreme Court 881, the document will have to be registered. Hence, I confirm the impugned order. Learned Counsel for the petitioners states that now his clients would like to get the document registered. For the above reasons, the petitioners are permitted to get the said document of partition registered with the Registering Authority on the payment of necessary stamp duty. Writ Petition is disposed of. No order as to costs. JUDGE ssw