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2021 Supreme(Kar) 695

KRISHNA S.DIXIT
K. Hemalata, W/o. R. Ramesh – Appellant
Versus
Nagaraju, S/o. Ramaiah – Respondent


Advocates Appeared:
For the Petitioner: Sri. Janardhana G.
For the Respondent: Sri. K. Shivashankar.

ORDER :

The question of law that arises for consideration of this court in these two similar cases relates to invocability of the provisions of Chapter IV of the Karnataka Stamp Act, 1957, for impounding of unduly or unstamped instruments even after they are marked & admitted to evidence; the subject documents have been admitted to evidence sans objection when they were so admitted, is not in dispute.

2. After service of notice, the respondents having entered appearance through their counsel, resist the writ petitions making submission in justification of the impugned orders and the reasons on which they are predicated.

3. Both the sides have banked upon the following decisions in support of their version & counter version:

(i) M/s Cave Caterers Private Limited vs. M/s Sudha Enterprises, ILR 2011 KAR 2017.

(ii) W.P.No.27694/2012 dated 20.03.2014 Smt. Huchamma and others Vs. Sri. Chandrashekar.

(iii) W.P.Nos.49640-49651 of 2017 (GM-CPC) between S. Byregowda and others Vs. Saramma Joseph Thannickal.

(iv) W.P.No.49424 of 2017 (GM-CPC) between R Mahesh and Others Vs. B.P. Venugopal.

(v) C.R.P.No.505 of 2018 between P.N. Babu Vs. K.S. Ananth and Others.

(vi) Digambar Warty and Others Vs. Distric

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