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2022 Supreme(Kar) 561

SURAJ GOVINDARAJ
Veerasangayya S/o Gadigayya Mulimath – Appellant
Versus
Veerupakshayya S/o Irayya Ganachari – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.G. Mogali.
For the Respondents: Shivaraj S. Ballolli, Basavangouda T.

ORDER :

1. The petitioners are before this Court seeking for the following reliefs:

    (I) Issue a writ of certiorari, quashing the order passed in O.S. No. 23/2011 dated 25.11.2021 by the learned Senior Civil Judge and JMFC, Badami at Badami vide Annexure-C.

(II) Issue a writ of mandamus directing the Hon’ble court below to mark the Hakkubidugade Patra dated 1.10.1983 produced by the petitioners in O.S. No. 23/2011 pending on the file of learned Senior Civil Judge and JMFC, Badami at Badami.

(III) Issue any other writ, order or direction that are deemed proper and necessary by this Hon’ble court in the interest of justice and equity.

2. The suit in O.S. No. 23/2011 had been filed seeking for declaration that the plaintiff is the absolute and exclusive owner of the suit schedule ‘B’ property and alternatively for partition and separate possession of the properties.

3. In the said suit, the defendants had sought to mark a document styled as Hakkubidugade Patra dated 01.10.1983, which is in the nature of a release deed. The said document came to be impounded. The necessary stamp duty and penalty levied thereon. Subsequently, while marking the document, objections were raised by the plaintiff

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