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H. P. SANDESH
Sangameshgouda Mudigoudra, S/o. Basappa – Appellant
Versus
Basavanneppa S/o. Shivabasappa Karader, Since Deceased Represented By His Legal Heirs – Respondent
ORDER :
1. In this writ petition, the petitioner approached this Court to issue a writ of certiorari and quash the impugned order dated 28.07.2022 passed by the III Additional Senior Civil Judge, Ranebennur in M.A.No.4/2020 vide Annexure-F as null and void and issue any other writ or direction as the Hon’ble Court deems fit in the circumstances of the case.
2. The factual matrix of the case is that respondent No.1/plaintiff filed a suit in O.S.No.136/2018 for the relief of cancellation of both the registered gift deeds dated 01.09.1993 executed by the plaintiff in favour of defendant No.4 in respect of the suit land and another dated 23.03.2005 executed by defendant No.4 in favour of defendant No.3 in respect of the very suit land. The suit land is described in the schedule as land bearing Sy.No.23A/11A/1 measuring 14 gunta situated at Hiremaganur village in Ranebennur taluk.
3. It is contended in the suit that the suit land belonged to the plaintiff but the name of Karabasappa was entered nominally as joint owner in the RTC of the suit land. Defendant No.4 was much acquainted with the plaintiff and he intended to construct marriage hall at Hiremaganur village in the name of father of
A declaration of voidness suffices in court fee assessments if the plaintiff is not an executant of the deed, negating the need for cancellation or payment based on market value.
plaintiff filed the suit for declaration that the sale deeds were fabricated and therefore, were void. Considering the provisions of Tamil Nadu Court Fees and Suit Valuation Act, it was held that sui....
Non-executants in declaratory suits are permitted to value court fees under Section 24(d) of the Karnataka Act, distinct from executants governed by Section 38 regarding cancellation, affirming juris....
The main legal point established in the judgment is that the correct payment of court fee in a suit must be determined in accordance with settled legal principles and the specific provisions of the C....
Civil Courts lack jurisdiction in agricultural land disputes unless khatedari rights are declared by Revenue Courts; indisputable recorded ownership is essential for claims.
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