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2021 Supreme(Bom) 1125

M.S.SONAK
Pedro Caetano Andre Fernandes – Appellant
Versus
Mary Bertha Gracias – Respondent


Advocates appeared:
Anthony Joe Dsilva, Advocate, M.B. Dcosta, Advocate, Karishma Custa Betquecar, Advocate

JUDGMENT

M S Sonak, J. - Heard Mr. Anthony J. D'Silva, learned Counsel for the petitioner and Mr. M. B. D'Costa, learned Senior Advocate with Ms. Karishma Betquecar, learned Counsel for the respondent No. 1.

2. Mr. D'Silva points out that the remaining respondents have been duly served. On 29.07.2019 this Court had made clear that this petition will be taken up for final disposal at the state of admission.

3. Accordingly, Rule. Rule is made returnable forthwith in view of the consent and request of the learned Counsel for the parties as also the order dated 29.07.2019.

4. The challenge in this petition is to the order dated 06.07.2019 made by the Adhoc Senior Civil Judge 'B' Court at Panaji requiring the petitioner-plaintiff to pay deficit stamp duty of Rs. 15,000/- on the agreement dated 27.12.2010 and to pay penalty of ten times of such duty.

5. Mr. D'Silva, learned Counsel for the petitioner submits that in this case the learned Trial Judge has failed to adopt the procedure prescribed in such matters by the Hon'ble Apex Court in the case of Chilakuri Gangulappa v/s. Revenue Divisional Officer, Madanapalle & Anr, (2001) AIR SC 1321. He submits that the trial court had no jurisdiction

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