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2025 Supreme(Kar) 207

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIJAYKUMAR A. PATIL
K.S. Chennamma W/o Late Sadashivaiah – Appellant
Versus
K.S. Maharudrappa S/o K. Shivalingappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Girish M.K.
For the Respondent: G.K. Shivaprakash

ORDER :

1. This petition is filed seeking following reliefs:

"1. Issue a Writ, in the nature of certiorari by quashing the impugned order dated 18.12.2018 passed on I.A. filed under Section 151 of CPC and 38 & 40 of KARNATAKA STAMP ACT in O.S.No.201/2010 by the II Additional civil judge, Arasikere vide Annexrue-F and consequently dismiss the application filed by the 1st defendant under Section 151 of CPC and 38 & 40 of KARNATAKA STAMP ACT .

2. Grant such other reliefs as this Hon'ble court deems fit in the facts and circumstances of the above case."

2. Sri.Girish M.K., learned counsel appearing for the petitioners submits that the petitioners filed a suit for partition and separate possession. In the said proceedings, respondent No.1 filed an application under Section 151 of Code of Civil Procedure, 1908 (CPC) and Section 38 to 40 of the KARNATAKA STAMP ACT , 1957 (for short 'the Stamp Act'), seeking prayer to send document i.e., Ex.D86 to the Sub-Registrar, Arasikere for registration. The trial Court without considering the effect of Section 23 of the REGISTRATION ACT , 1908, by incorrect understanding of law, directed the Sub-Registrar, Arasikere to register Ex.D86 i.e., Palu patti

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