THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2947 OF 2010 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is filed against the order, dated 28.06.2010, in O.S.No.34 of 2004, on the file of the Principal Junior Civil Judge, Jagtial, whereunder and whereby, the objections raised by the petitioner/defendant in marking the documents were considered only with regard to the payment of stamp duty and penalty. 2. Heard the learned counsel for the petitioner. When notice is sent to the respondent, it is returned as not claimed by the respondent. Therefore, notice is sent to the learned counsel representing the respondent in the trial Court. The same was served. But, none appears for the respondent. 3. The documents now sought to receive are memorandum of partition deed, release deed and dissolution of partnership deed. 4. The contention of the petitioner is that since right and interest have already been transferred under the above documents, they require stamp duty and penalty. 5. Admittedly, all these documents have been drafted on stamp paper of Rs.100/-. The value of the property covered by these documents is more than Rs.100/-. So, they require registration. As per amendment of the Indian Stamp Act, 1899, (for short, “the Act”) under amendment Act 17 of 1986, memorandum of partition is included under Section 2 clause (15) of the Act, which is compulsorily registerable. Therefore, it requires stamp duty and penalty. The II Additional District Judge, by order, dated 17.08.2005, in C.M.A.No.17 of 2004, which was filed by the petitioner against the order dated, 09.09.2004, I.A.No.104 of 2004 in O.S.No.34 of 2004 on the file of the Principal Junior Civil Judge, Jagtial, came to the conclusion that the said documents have not been impounded in the trial Court or by sending them to the collector for levying appropriate stamp duty and penalty. The trial Court by the impugned order has observed that the objection only with regard to the payment of stamp duty and penalty would be decided at that stage and all other objections raised by the petitioner/defendant with regard to the marking the said documents would be decided at the time of pronouncing final judgment. That is a proper order passed by the trial Court. Therefore, the impugned order under challenge does not suffer from any infirmities so as to call for interference by this Court. There are no grounds to interfere with the same. But, however, it is made clear that the above said documents have to be marked only after paying the required stamp duty and penalty. 6. With the above observation, the Civil Revision Petition is disposed of. There shall be no order as to costs. _______________ K.C. BHANU, J August 27, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2947 OF 2010 Between: Boga Sridhar .....PETITIONER AND Boga Surender ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2947 OF 2010 August 27, 2010