High Court · 2025

R/o.H.No, 1-3-301, C/o. Arws Clorhs Stores, Arnbedkar Chowk, Kaghaznagar. ... Respondents/ Respondents/ Defendants. IA NO: 1OF 2024 Petition under section 151 cPC praying that in the circun'stances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in oS.No.5 of 20'18 on the file of principal Junior Civil Judge-Cum-Judicial Magistrate of First Class, Asifabad. Counsel for the Petitioners: Sri G.K.Deshpande Counsel for the Respondent Nos.1, 4 & B: None appears. Counsel for the Respondcnt Nos.2, 3,5 to 7 & 9: Sri N.Venkataiah. The Court made the folior,r,ing: ORDER I I I HON'BLIi SRI JUSI'ICT] I,AXN'II NARAYANA ALISHETTY . CIVIL REVISION PETITION No.2217 of 2024 , ORDER: The order, dated 21.0,1.2024, passed by the Principal Junior Civit Judge, Asilabad in I.A.No.30 of 2023 in OS.No.S of 2018, insofar as not forwarding the ordinary sale deed dated 25.02.1992 for impounding, is under challenge in this Civil Revision Petition.

2. Heard Sri G.K.Deshpande, leamed counsel for the revision petitioner. Though Sri N.Venkataiah, advocate, entered appearance 1'or sorne ol' thc respondents, there was no representation. Therefore, this Revision Petition is disposed ol basing on the material available on record.

3. Lcarned counsel lor the petitioners contended that the petitioners tlled an application in I.A.No.30 of 2023 seeking to send the ordinary sale deeds dated 25.02.1992 and 19.03.1993 executed in respect ol the suit schedule property for impounding, as the same were unregistered documents. He further contended that the trial Coun by the impugned order has partly allowed the aforesaid application and sent only one sale deed dated 19.03.1993 for impounding and disrnissed the application insofar as ordinary .1 ) I,NA, J CRP.No.22l7 of 2024 sale deed dated 25.02.1992 is concemed on an erroneous observation that there was no reference to the said salc deed in the plaint and that the said document is irrelevant to the suit. Leamed counsel further contended that the trial Court lailed to consider the fact that in the sale deed dated 19.03.1993, there is a clear reference of the sale deed dated 25.02.)992 and in fact, part of sale consideration was paid through ordinary sale deed dated

25.02.1992 and the balance sale consideration was paid lhrough sale deed dated 19.03.1993, therefbre, both the documents are I necessary and relevant to substantiate the claim ol the petitioners in the suit and thus, both the documents ought to have been sent by the trial Court for impounding

4. Perusal of record discloses that in sale deed dated

19.03.1993. there is a clear relerence to sale deed dated

25.02.1992.1t is also evident that both the documents are executed ln respect of the suit schedule property and part of sale consideration was paid through ordinary sale deed dated

25.02.1992 and the balance sale consideration was paid through sale deed dated 19.03.1993. therefore. as rightly contended by the learned counsel for the petitioncrs, both the docurnents are relevant , _) LNA, J CRP.No.22l7 of 2021 and necessary to substantiate the claim of the petitioners. Hence, I I this Court is of the considered opinion that the trial Court erred in not sending the ordinary sale deed dated 25.02.1992 for impounding along u ith salc deed dated 19.03.1993.

5. ln the light ot' rl.re above. this Civit Revision petition deserves to be allowed and accordingly, the Revision Petition is allowed and the impugned order insofar as declining to forward the ordinary sale deed dated 25.02.1992 fbr impounding is set a,side and I.A.No.30 ol 2023 in O.S.No.5 of 2018 on the file of Principal Junior Civil Judge, Asifabad, stands allolr,cd and consequently, the trial Court is dirccted ro send the ordinary sale deed dated

25.02.1992 and the sale deed dated 19.03.1993 to the District Collector for irnpounding in accordance wilh law.

6. Pending miscellaneous applications, if any, shall stand closed. No costs. //TRUE COPY / / sd/-L. LAKSHMI BABU ASSISTANT REGISTRAR l\ ECTION OFFICER To, 1 The Principal Junior Civil Juc{gc-cum-Judicial Magistrate o f First Class, Asifabad.

2. d; CC to Sri G.K.Deshpande, Advocate [oPUCl 3. One CC to Sri N.Venkataialr, Advocate [OPUCI 4. Two CD CoPies. tcK/DLr,4_ ,l I HIGH COURT D ATED.2l / 02/ 2025 ORDER CRP.No.2217 of 2024 Allowing the C.R.P. without costs. (* b tl'- i"lAt\ ,r,'-rrl 25 npn ?025 * 9t-.lPATch €O * a,rv I