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2022 Supreme(Kar) 719

H. B. PRABHAKARA SASTRY
C. K. Raviprasanna – Appellant
Versus
Deputy Commissiner – Respondent


Advocates appeared:
K.Ravishankar, Advocate, Ramesh Jois, Advocate

JUDGMENT

1. The present petitioner has sought for a writ of certiorari seeking quashing the order dtd. 17/7/2007, passed by the learned Civil Judge (Jr.Dn.) & J.M.F.C., Sullia, Dakshina Kannada, (hereinafter for brevity referred to as 'trial Court'), in O.S.No.91/2005, which is produced at Annexure-'D' to the petition, wherein the trial Court by observing that, in spite of the order dtd. 7/3/2007, the plaintiff before it has not paid the deficit stamp duty and penalty as calculated by it, has proceeded to send the original of the alleged Agreement of Sale dtd. 27/11/2004, upon which the deficit stamp duty and penalty was imposed, to the Deputy Commissioner as per Sec. 37(2) of Karnataka Stamp Act, 1957 (hereinafter for brevity referred to as 'Stamp Act').

    The petitioner has also sought for a writ of certiorari seeking quashing of official correspondence of the trial Court with respondent No.1 - Deputy Commissioner in the form of a letter dtd. 18/8/2007, which is produced at Annexure-'D-1'.

    2. The present petitioner, as a plaintiff, had instituted a suit against one Smt.T.K.Gowramma in the trial Court seeking the relief of permanent injunction. The petitioner as a plaintiff had taken

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