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2013 Supreme(Kar) 483

ARAVIND KUMAR
Suman – Appellant
Versus
Vinayaka – Respondent


Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Sriyuths Aravind D. Kulkarni, V.P. Kulkarni, Sadiq N. Goodwala and M.H. Patil, Advocates
For Respondents/Defendant:Smt. K. Vidyavathi, Additional Government Advocate, Sriyuths S.N. Banakar, M.G. Naganuri, S.P. Patil, Anant R. Hegde and A.S. Patil, Advocates

ORDER

Aravind Kumar, J.

Regarding W.P. No. 60926 of 2011:

1. Petitioner who is defendant 1 in O.S. No. 805 of 2009 is seeking for quashing of order dated 20-11-2010 Annexure-C passed by Civil Judge (Junior Division), Dharwad and order dated 18-1-2011 passed by the District Registrar, Dharwad, at Annexure-D whereunder Trial Court has held that agreement of sale dated 23-3-2000 is insufficiency stamped by order dated 20-10-2010 and has directed the registry to refer the said document to the Sub-Registrar, Dharwad, to collect deficit stamp duty and subsequently by impugned order dated 20-11-2010 referred the said agreement of sale to the District Registrar, Dharwad, to collect stamp duty as per law. Pursuant to which District Registrar by order dated 18-1-2011 Annexure-D has impounded the document under Section 33 of the Karnataka Stamp Act, 1957 (hereinafter referred to as 'Stamp Act' for brevity) and ordered for collection of stamp duty of Rs. 30,000/- under Article 5(e)(i) by levying penalty of Rs. 5,000/- in exercise of his power under Section 39 of the Karnataka Stamp Act, 1957. It is contended by Mr. Aravind D. Kulkarni, learned Counsel appearing for the petitioner that under Secti

































































































































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