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
Mr.V.Prabhakar vs. Mr.K.Raja and Others reported in 2013 (1) KCCR 570
Satheedevi vs. Prasanna and Another reported in (2010) 5 SCC 622
In suits for cancellation of documents, court fees are to be computed based on the value mentioned in the document, not the market value, as established by the Karnataka Court Fees and Suits Valuatio....
The main legal point established in the judgment is the determination of court fees for a suit challenging gift deeds based on the value of the properties mentioned in the gift deeds and the nature o....
Interim Application - Contract for sale - Court-fee value and jurisdictional value to be same in certain suits - When there is a reasonable doubt with respect to quantum of court fees, the benefit mu....
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....
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