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PRATEEK JALAN
Sh. Dinesh Kapoor – Appellant
Versus
Mukesh Kapoor – Respondent
Headnote: Read headnote
JUDGMENT
Prateek Jalan, J. (Oral)
I.A. 4773/2021(Condonation of delay in refiling I.A. 4772/2021)
This is an application on behalf of the plaintiff seeking condonation of delay of 7 days in refiling I.A. 4772/2021.
For the reasons stated in the application, the application is allowed and delay in refiling I.A. 4772/2021 is condoned.
I.A. 4772/2021 (Application on behalf of the plaintiff for directing the Registry to withdraw their letter dated 24.09.2019 and prepare decree sheet in terms of the order dated 01.08.2019 without requiring the parties to file stamp duty)
1. The captioned suit was filed for partition of a property bearing No. A-278, Defence Colony, New Delhi-110024 ["the suit property"]. It was decreed on 01.08.2019 in terms of a Settlement Agreement dated 10.07.2019. The plaintiff has filed this application for a direction upon the Registry to recall a communication dated 24.09.2019, addressed to the concerned Sub-Div
The main legal point established is that a decree on a compromise concerning immovable property may not require registration or stamp duty under specific provisions of the Registration Act and the St....
The main legal point established in the judgment is that the registration charges for a decree in a partition suit are determined based on the value of the suit and are chargeable as per Section 78 o....
The main legal point established in the judgment is that the appellate court, not the trial court, is responsible for engrossing and retaining the final decree on stamp paper, as per the relevant sta....
The time taken for compliance with obligations and stamp duty adjudication can be excluded when calculating the registration period under Section 23 of the Registration Act.
Time taken for stamp duty adjudication and compliance with obligations under a settlement deed is excluded from the registration period under Section 23 of the Registration Act.
The Decree becomes executable on the date of passing of the judgment. Delay in engrossing the same cannot extend the period of limitation for the execution of such a Decree.
The court determined that possession prior to a written memorandum of settlement negates co-ownership status under Section 2(15) of the Indian Stamp Act, thus penalties imposed without justification ....
A compromise decree creating new rights in immovable property requires registration under Section 17 of the Registration Act if it establishes rights for the first time.
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