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2011 Supreme(Kar) 17

RAM MOHAN REDDY
Cave Caterers Private Limited Rep By its Managing Director Sanjay Kochhar – Appellant
Versus
Sudha Enterprises Rep By its Partner T. Ramakrishna – Respondent


Advocates appeared:
For the Petitioner:S. Shaker Shetty, Advocate. For the Respondent: Srivatsa, Sr. Counsel for A. Ravishankar, Adv. for C/R.

Judgment :-

1. The rejection of plaintiff’s IA-8 invoking Sections 32 and 33 of the Karnataka Stamp Act, 1957 for short ‘Act’, to impound Ex.D29 and direct defendants to pay duty and penalty thereon, by order dt.14.12.2010 in O.S.6616/2006 of the 5th City Civil Court, Bangalore, is called in question in this petition.

2. In the suit instituted by the petitioner for the reliefs of specific performance of an agreement dt.23.5.2002; to direct the defendants to execute an affidavit and registered lease deed of the suit schedule property for the period 1.1.2001 to 31.12.2009 and for permanent injunction in respect of the said property, the respondent-defendant, on notice, entered appearance, resisted the suit by filing written statement and counter claim to direct delivery of possession, as also to recover penal rents until delivery of possession of the suit schedule property. On the closure of the evidence of the plaintiff and the defendant called upon to adduce evidence on its side, made an application to produce and mark an attested copy of the memorandum of understanding entered into between the respondent and one Nitin Bagmane which the trial court allowed in part by not permitting



















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