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2022 Supreme(Online)(Kar) 38138

KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SRI A MADHU – Appellant
Versus
R VISHWANATH – Respondent


This

petition

is

by

the

plaintiff

in

O.S.

No.142/2020 on the file of the II Additional Senior Civil

Judge, Bengaluru Rural District, Bengaluru [for short,

'the civil Court']. The petitioner has impugned the civil

Court's order dated 04.11.2022, and the civil Court by

this order has impounded Power of Attorney dated

12.09.2007 [POA] and also agreement to sell dated

18.11.2010

[Sale

Agreement]

directing

both

the

petitioner and the defendants-respondents to file memo

of calculation on the deficit stamp duty payable on the

subject POA and the Sale Agreement. The civil Court's

order reads as under:

4

"Plaintiff is examined as PW-1.

Counsel for plaintiff files list of documents

stating that at the insertion of the suit photo

copies are furnished.

The counsel for defendant Nos.1 and 2

objects the marking of unregistered GPA dated

12.09.2007 and also agreement to sell dated

18.11.2010.

Staging that through GPA alienation power

is given, therefore it suffers from deficit stamp

duty and penalty as it was engrossed on stamp

paper

worth

of

Rs.200/-

only

and

also

unregistered agreement to sell 18.11.2010 it was

engrossed on stamp paper worth of Rs.200/-.

In view of submission of defendant Nos

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