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2020 Supreme(Ker) 327

S.MANIKUMAR, SHAJI P.CHALY
Abdul Khader – Appellant
Versus
Sub Registrar, Sub Registrar Office – Respondent


Advocates Appeared:
For the Petitioner: Sri. P. Chandrasekhar, Sri. K.K. Mohamed Ravuf, Sri. D. Sreekanth, Shri. Anoop Krishna
For the Respondent: Sri. V. Tekchand, Sr. Government Pleader

JUDGMENT :

S. Manikumar, J.

Instant writ appeal has been filed by appellant/writ petitioner, being aggrieved by judgment dated 19.09.2019 passed in W.P.(C) No.21218 of 2019.

2. Short facts leading to the appeal are that,-appellant/writ petitioner is the son of Komukkutty. Komukkutty had children in two wives. The property sought to be partitioned is belonging to Komukkutty. When the appellant and his other siblings wanted to effect partition of the properties left behind by their father, the respondent/Sub Registrar, Tirur Taluk refused to register the partition deed presented by the appellant. Moreover, treating that the descendants through two wives cannot constitute a family, the Sub Registrar insisted payment of higher stamp duty. Being aggrieved, appellant/writ petitioner approached the writ court by filing W.P.(C) No.21218 of 2019. Writ court, by the impugned judgment, dismissed the writ petition holding that appellant is not entitled for concessional stamp duty. Relevant portion of the impugned judgment reads as under:

    “2. Learned counsel for the petitioner, placing reliance upon the Full Bench decision of this Court in Abdul Muneer v. Sub Registrar [2018 (1) KLT 238 (F.B)], arg

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