1. This memorandum of Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the docket order dated 23.11.2021 passed in I.A.No.544 of 2021 in O.S.No.56 of 2021 by the XII Additional District and Sessions Judge, Ranga Reddy District, Vikarabad.
2. Petitioner is the respondent – defendant, respondent is the petitioner – plaintiff in I.A.No.544 of 2021 in O.S.No.56 of 2021.
3.1 Respondent - plaintiff has filed suit in O.S.No.56 of 2021 against the petitioner – defendant for specific performance of contract of agreement of sale dated 22.11.2020 in respect of land admeasuring Ac.1-10 ½ gunts in survey No.97/LU situated at Kesaram village, Chevalla Mandal, Ranga Reddy District with specific boundaries.
3.2 Petitioner - defendant has filed his written statement in the suit and denied the execution of agreement of sale dated 22.11.2020.
4.1 Respondent – petitioner – plaintiff has field I.A.No.544 of 2021 under Sections 37 and 38 of the Indian Stamp Act stating that he has filed suit for specific performance of contract against the petitioner - respondent – defendant, the total sale consideration is Rs.88,37,500/-, on the date of agreement he has paid Rs.70,00,000/-, the petitioner - respondent – defendant agreed to survey the land within five months from the date of agreement, also agreed to receive balance sale consideration and come forward to execute registered sale deed. As the agreement of sale is executed on white paper, it requires stamp duty and penalty and prayed to send the agreement of sale dated 22.11.2020 to DRO, Moosapet, Hyderabad for collection of stamp duty.
4.2 Petitioner – respondent – defendant has filed his counter and contended that when there is no transaction between the parties, requesting the Court to send the document i.e., agreement of sale dated 22.11.2020 to DRO, Moosapet for impounding does not arise and prayed to dismiss the same.
4.3 Learned Trial Court after hearing counsel on record has allowed the application and sent the original document dated 22.11.2020 to District Registrar for collection of stamp duty and penalty.
5. Leaned counsel for the petitioner – respondent - defendant submits that the learned trial Court lost sight of the contentions raised in the written statement that he has not entered into agreement of sale in respect of suit schedule property and the document intended to be impounded is written on a white paper which is highly unbelievable, the suit filed by the respondent – petitioner - plaintiff itself is misconceived and entertaining document i.e., agreement of sale is illegal and unjustified and prayed to allow the Civil Revision Petition.
6. Learned counsel for the respondent – petitioner - plaintiff submits that the learned Trial Court vide its Lr.Dis.No.692/2021, dated 27.11.2021 has sent the document i.e., agreement of sale dated 22.11.2020 to the District Registrar, Ranga Reddy District for impounding the agreement of sale dated 22.11.2020. The District Registrar has collected the stamp duty and penalty on the said document and forwarded the same to the learned Trial Court on 15.12.2021 vide letter No.18863/Court/2021. Counsel submits that the learned Trial Court has passed a reasoned order and no interference is called for.
7. As the suit is filed by the respondent – petitioner - plaintiff for specific performance of contract, the agreement of sale dated 22.11.2020 is on a white paper and the application came to be filed to send the document i.e., agreement of sale for collection of stamp duty and penalty, the learned Trial Court has taken into consideration the contentions raised by the parties and observed in the order that “It is settled law that if any document brought to the notice of the Court which is unstamped or insufficiently stamped same has to be impounded either suo-moto or on the application of the any of the parties to the proceedings and further held that whether the document is genuine or not whether plaintiff is entitled for the relief basing on the said document cannot be seen at this stage and it has to be impounded, therefore forwarded the document to the District Registrar for collection of stamp duty and penalty”
8. The reasoning of the learned Trial Court is in proper perspective and the petitioner – respondent - defendant has not made out any case to interfere with the order passed by the learned Trial Court. The Civil Revision Petition lacks merits, same is liable to be dismissed and is accordingly dismissed.
9. Civil Revision Petition is dismissed. There shall be no order as to costs.
Interim orders if any stands vacated. Pending miscellaneous application/s shall stand closed.




