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2007 Supreme(Raj) 1412

A.K.MATHUR, MARKANDEY KATJU
State of Rajasthan – Appellant
Versus
Khandaka Jain Jewellers – Respondent


Advocates Appeared
V. Madhukar, Sumit Ghosh & Aruneshwar Gupta, Counsel, for Appellants;
Dr. Manish Singhvi & P.V. Yogeswaran, for Respondents

JUDGMENT

Hon'ble MATHUR, J.— Leave granted.

2. This appeal is directed against the judgment dated 23.11.2005 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in SBCWP No. 133/1997 and DBCSA No. 427/2002 whereby the division bench has affirmed the order of the learned Single Judge.

3. Brief facts which are necessary for the disposal of this appeal are as under:

The S.B. Civil writ petition No. 133/97 was filed by M/s Khandaka Jain Jewellers, petitioner (respondent herein) in the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur who prayed that a direction may be issued to the respondent Nos. 2&3 to register the sale deeds sent by the Court of additional district Judge No. 1, Jaipur city in execution application No. 15/94 and 16/94 and to send back the same to the Court immediately after registration. It was also prayed that the respondents may be directed to register the sale deeds on the stamps on which it is executed by the executing court and not to charge more stamp duty from respondent (herein). It was further prayed to quash and set aside the proceedings taken under Section 47A(2) of the Stamps Act, 1952 in case No. 442/










































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