Allowed

Shraddha Sadanand Wagle (Decd.)by Lrs.- Prakash Sadanand Wagle v. State of Maharashtra and Ors.

Bombay HC20 Nov 2008CAW/1187/2008

Case brief

AI extract

What is this about?

High Court restored the writ petition as per application. It held the writ was not maintainable regarding the substantive issue as appeal under Section 32B exists, though appeal time lapsed. Petitioner granted two weeks to file appeal.

What did the court decide?

Civil Application for restoration allowed. Petitioner granted two weeks to file appeal under Section 32B of the Stamp Act.

Shraddha Sadanand Wagle (Decd.)by Lrs… — Civil Procedure and Limitation | Bombay HC (2008)

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 : 1 :

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1187 OF 2008
 WITH

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WRIT PETITION NO.4683 OF 1998

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 Shraddha Sadanand Wagle ...Petitioner/Applicant.
 V/s.

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 State of Maharashtra & Ors. ...Respondents.

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 Mr.S.M.Railkar , adv. for the Petitioner/Applicant.

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 Mr.S.R.Nargolkar , adv. for the Respondents.

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 CORAM: Bilal Nazki&
J.H.Bhatia,JJ.
 DATE : 20th November, 2008.

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P.C.:

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 1. For the reasons given in the application, writ
 petition is restored to the file. Civil Application for
 restoration is accordingly allowed.

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 2. Petitioner/Applicant is aggrieved by an order
 passed by the Sub-Registrar on 18-1-1998, who came to
 conclusion that the document registered in favour of the
 petitioner/applicant had been undervalued, therefore,
 demand of deficit stamp duty was made. This order had been

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 made after issuing show-cause notice to the
 petitioner/applicant. This Court in this proceeding can
 not decide question of fact whether the property registered
 was properly valued or undervalued. Therefore, in our view

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 : 2 :

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 writ petition is not maintainable at all. Besides, the

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 petitioner/applicant has a remedy of appeal before the
 appropriate authority under Section 32B of the Stamp Act.
 Time to file appeal is already lapsed. However, since the
 petitioner/applicant was pursuing this remedy for ten
 years, we allow him two weeks to file appeal before the
 appropriate authority.

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(Bilal Nazki, J.)

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(J.H.Bhatia, J.)

Shraddha Sadanand Wagle (Decd.)by Lrs.- Prakash Sadanand Wagle v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Shraddha Sadanand Wagle (Decd.)by Lrs.- Prakash Sadanand Wagle v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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