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KARNATAKA HIGH COURT
SRI. H. G. BASAVARAJAPPA – Appellant
Versus
SRI. D. SOMASHEKARAPPA @ D. SOMASHEKAR – Respondent


ORDER

This petition by the plaintiff in O.S.No.19/2022 is directed against the impugned order dated 11.10.2022 passed by the Prl. Senior Civil Judge & CJM, Shivamogga, whereby the trial Court directed the petitioner – plaintiff to pay deficit stamp duty and penalty in a total sum of Rs.40,90,900/- towards Sale Agreement dated 31.07.2020 said to have been entered into between the respondents and petitioner.

2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

3. A perusal of the material on record will indicate that in the aforesaid suit, the petitioner examined himself as PW1 and during the course of evidence, he sought to mark the aforesaid Sale Agreement as an exhibit. At that stage, the respondents opposed marking of the said document in evidence interalia contending that the same was insufficiently stamped and deficit duty and penalty had to be paid by the petitioner – plaintiff. Pursuant thereto, the trial Court proceeded to pass the impugned order upholding the contention of the respondents and directed the petitioner – plaintiff to pay deficit stamp duty and penalty by passing the impugned order, which is assai

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