ORDER :

This Review Petition seeks to recall the judgment dated 23.8.2019 whereby Review Petitioner in W.P.No.30734/2019 (GM-CPC) was disposed off granting him a period of four months for paying the deficit stamp duty & penalty concerning the subject instrument levied in terms of sections 33 & 34 of the Karnataka Stamp Act, 1957; after service of notice, the respondent having appeared through his private counsel opposes the Review Petition making submission in justification of the subject judgment.

2. FACTS IN BRIEF:

(a) Review Petitioner happens to be the plaintiff and the respondent is the defendant in an injunctive suit in O.S.No.295/2013; the suit has been founded inter alia on the ‘Agreement for Sale’; the admission of this instrument to evidence was objected to by the respondent on the ground of inadequacy of stamp duty paid thereon contending that it cannot be looked into for any purpose whatsoever; the learned Judge of the court below vide order dated 23.1.2019 agreed with the submission of the respondent.

(b) The learned trial Judge vide order dated 10.11.2016 had found the subject instrument to be insufficiently stamped and therefore, had referred the same to the District Reg