THE HONOURABLE SRI JUSTICE B.PRAKASH RAO Dated:19th February 2010 C.R.P.No.3416 of 2009 Between: Sonti Sambaiah …Petitioner And Sonti Srinivasa Rao …Respondent THE HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P.No.3416 of 2009 ORDER: Heard both sides and at their request the revision itself is taken up for disposal. The petitioner is a defendant. The question arising is in regard to admissibility of the document, which has been sought to be relied on by the plaintiff. The suit is one for partition and the document in question when sought to be relied upon and when an objection was raised, ultimately the Court below has held that since rights of the parties are created therein, the same is required to be stamped and registered. However, the Court below sought to proceed on the ground that it can be used for limited purpose of showing possession of the respondent herein. It is this later version, which is under attack on the ground that once it is held to be a document which requires not only stamping but also registration, the same could not possibly be used even for such collateral purposes. In support the learned counsel placed reliance on the judgment of the apex Court in Avinash Kumar Chauhan Vs. Vijay Krishna Mishra[1]. Having considered the submissions and on perusal of the material and in view of the principles laid down in the aforesaid decision, it can safely be held that the observation of the court below in allowing such document where it requires registration apart from stamp duty could not possibly be used for collateral purpose. The revision is accordingly allowed. The order dated 19-01-2009 passed in O.S.No.217 of 2006 on the file of Principal Senior Civil Judge, Tenali is set aside. No costs. _______________ B.PRAKASH RAO,J Date:19-02-2010 Grk THE HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P.No.3416 of 2009 Dated: 19-02-2010 [1] 2009 (1) ALD 109 (SC)