JUDGMENT Pushpendra Singh Bhati, J. - This writ petition has been preferred with the following prayers: " 1. The order dated 29.03.2016 passed by the learned trial Court in Civil Original Suit No.87/2007 may kindly be set aside and the application filed by the plaintiff may kindly be rejected in toto. 2. Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner." 2. The present controversy has arisen out of a suit for specific performance of contract and permanent injunction which came to be filed by the respondent No.1 claiming that there is a pattasud land under the ownership of Late Shri Bhanwar Lal admeasuring 400 sq. yards along with two constructed shops and boundary wall and the same came to be purchased by the plaintiff for a consideration of Rs.6 lacs vide agreement to sale dated 14.03.2005. However, the execution of sale deed was denied by the defendant No.1- petitioner. 3. The bone of contention in the present petition is the application preferred by the respondent-plaintiff under Section 39 of the Rajasthan Registration (Stamps) Act while praying that the plaintiff is ready to pay the stamp duty towards the said agreement to sale, with the further prayer that the said agreement to sale dated 14.03.2015 may be taken on record. 4. Learned counsel for the petitioner Dr. Sachin Acharya makes a limited argument that though the application was moved by the respondent, but the categorical objection raised by the petitioner is regarding non-registration of the document i.e. the sale deed dated 14.03.205 vide document dated 27.10.2015. 5. Learned counsel for the respondent Shri JK Bhaiya has, however, submitted that the application under Section 39 of the Rajasthan Registration (Stamps) Act was moved by the respondent, and therefore, the order only adjudicated upon the requirement of the document in question, to be subjected to the stamp duty. 6. After hearing counsel for the parties and perusing the record of the case, this Court is of the opinion that the application under adjudication by the impugned order was for limited purpose of the impounding all documents for the purpose of paying the stamp duty and it has been rightly allowed by the learned Court below vide order dated 29.03.2016 which does not call for any interference by this Court at this stage. 7. 7. However, this Court deems it appropriate to dispose of the present writ petition with liberty to the petitioner to move fresh application, in case he requires the adjudication regarding the mandatory requirement of registration keeping in mind the proviso to Section 49 of the Registration Act. The application, if moved, shall be decided on merits by the learned court below without getting prejudiced by the impugned order dated 29.03.2016.