Smt. Poosarla Sumitra, Vs Poosarla Mangaraju

Heard Sri Mahadeva Kumara Swamy, learned counsel, appearing on behalf of Sri V.S.R. Anjaneyulu, who filed this Revision Petition and also Mr. K.A.Narasimham, learned counsel for the respondent, and at their instance, the main Revision Petition itself is taken up for disposal.

¶14

The petitioner herein, who is defendant No.1, filed this Revision Petitioner under Article 227 of the Constitution of India, inter alia, seeking to assail the order, dated 29-02-2008 passed in O.S.No.41 of 2004 on the file of the Senior Civil Judge, Chodavaram,

¶15

The only question involved in this Revision Petition is with regard to the admissibility of the document in question, dated 31-12-1991.

¶16

The Court below, after taking into consideration the facts and circumstances of the case, held that the disputed document, being a family agreement letter, requires to be compulsory registerable and without registration it is inadmissible in evidence.

¶17

Since the suit is one filed for declaration and permanent injunction, which is being contested seriously, it is felt desirable and repeatedly held that the document can be marked subject to all objections and such objections can be taken up and considered on merits at the time of arguments and accordingly, proceed to dispose of the matter.

¶18

Subject to the above, the Civil Revision Petition is allowed. The order, dated 29-02-2008 passed in O.S.No.41 of 2004 is set aside. The Court below is directed to mark the disputed document as per the observations mentioned above. No order as to costs.

¶19

B. PRAKASH RAO, J

¶20

Date: 23-12-2010 YCR

Smt. Poosarla Sumitra, v. Poosarla Mangaraju

Case brief

What is this about?

What did the court decide?

Smt. Poosarla Sumitra, v. Poosarla Mangaraju

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

E.Manoharamma Vs Arya Vysya Abhudaya Sangham

G.Gulab Bai Vs Arya Vysya Abhudaya Sangham

G. Bhadraiah Vs Arya Vysya Abhudaya Sangham

Bhpathiraju Venkata Narasimha Raju Vs Mutyala Sudhakar

Bhupathiraju Venkata Narasimha Raju, Vs Mutyala Sudhakar

B.Samuel Pramod, Vs B.Rangaiah