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2022 Supreme(Kar) 480

N. S. SANJAY GOWDA
Anil S/o. Ramachandra mashalkar – Appellant
Versus
Babu S/o. Hasansab Kadakol – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Srinand A.Pachhapure, Advocate
For the Respondent:Shri Rajashekhar Burji, Advocate

ORDER :

1. An order of the Trial Court directing the Office to impound a document, which was admitted in evidence as Ex.P1, for collection of stamp duty and penalty, is assailed in this writ petition.

2. On 03.04.2008, an agreement of sale was executed between the petitioner and the first respondent, whereby the first respondent agreed to sell the suit property for a sum of Rs.6,00,000/-(Rupees Six lakhs only). The entire sale consideration was stated to be paid on the date of execution of the sale deed. It was also stated that the possession of the property was required to be delivered at the time of registration of the sale deed, but, the petitioner had come into possession of the property under an irrevocable Special Power of Attorney executed by the first respondent on the same day. The agreement also contained a clause that the first respondent would execute the registered sale deed at the convenience of the parties and as demanded by the petitioner.

3. On 12.12.2012, the petitioner instituted a suit seeking for specific performance of the agreement of the sale deed dated 03.04.2008. During the pendency of this suit, the suit property was conveyed to the second respondent on 01.0

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