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2010 Supreme(Kar) 472

SUBHASH B.ADI
S. Suresh – Appellant
Versus
L. Po Gowda – Respondent


`Advocates Appeared:
For the Petitioners:H.S. Dwarkanath, M. Kulkarni, Advocates. For the Respondent:Ashok Haranahalli, Advocate General, H. Hanumantharayapa, HCGP, P.D. Surana, H.C. Shivakumar, Advocates.

Judgment :-

(This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the Article 5(e)(1) of Karnataka Stamp Act was unconstitutional and quash Annexure-A, the order passed on 17.3.2007 in O.S.No.1323/2007 on I.A.V. filed under Section 34 of the Karnataka Stamp Act by the City Civil Judge, Bangalore. (CCH-19) and dismiss I.A.No.V in O.S.No.1323/2007 on the file of City Civil Judge, Bangalore, (CCH-19) and etc.)

This Writ Petition is directed against the order dated 17.3.2007 in O.S.No.1323/2007 on

I.A.V filed under Section 34 of the Karnataka Stamp Act, 1957 (hereinafter referred to as ‘the Act’).

2. Petitioner is the plaintiff in the trial court. He has sought for permanent injunction, restraining the defendants from interfering with peaceful possession and enjoyment of the suit schedule property. In the said suit, plaintiff produced documents along with the plaint, further he also filed an application under Order XXXIX Rule 1 and 2 of CPC interalia for grant of temporary injunction, restraining the defendants from interfering with peaceful possession and enjoyment of the suit schedule property. As against the application for grant of tempo





































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