Dismissed

Arun S/O. Kaalappa Chougle v. Geeta W/O. Late Vijaybharat Hiremath

Karnataka HC22 Jan 2020WP/111769/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka heard a writ petition challenging an order directing the petitioner to pay stamp duty and penalty on an unregistered lease deed, which was sought to be marked as a collateral document. The Court found no illegality in the trial court's order and dismissed the petition.

What did the court decide?

The writ petition filed for quashing of the order directing payment of stamp duty and penalty is dismissed.

Arun S/O. Kaalappa Chougle Vs Geeta W/O. Late… — Property and Title | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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Dated this the 22^nd day of January 2020

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Before

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THE HON’BLE MR.JUSTICE S.G. PANDIT

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Writ Petition No.111769 of 2020 (GM-CPC)

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BETWEEN

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ARUN S/O. KALLAPPA CHOUGLE AGE : 55 YEARS, OCC : BUSINESS, R/O : C/O.D.N.CHINAGUDI H.NO.203, 7^TH CROSS, SILVER TOWN, GOKUL ROAD, HUBBALLI. ...PETITIONER

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(BY SMT H.N. HANCHINAMANI, SMT. SUSHMA B.NAIK, ADVOCATES)

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A N D

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GEETA W/O. LATE VIJAYBHARAT HIREMATH AGE : 54 YEARS, OCC: HOUSE HOLD, R/O : H.NO.18/87. NEHRU NAGAR, GOKUL ROAD, HUBBALLI

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AKKAMAHADEVI, W/O. BASAYYA JADIMATH, AGE : 54 YEARS, OCC : HOUSE HOLD R/O : CMC-2000, JADIMATH BUILDING, P & T QUARTERS CROSS, ASHRAM ROAD, VIJAYAPUR. ...RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

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ISSUE WRIT OF CERTIORARI OR ANY SUCH WRIT OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 22.11.2019 PASSED BY THE 3^RD ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI ON MARKING OF DOCUMENTS IN O.S.NO.302/2017 VIDE ANNEXURE-E AND PERMIT THE PLAINTIFF/PETITIONER TO MARK THE DOCUMENT VIDE ANNEXURE-D.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner, plaintiff in O.S. No.302 of 2017 on

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the file of the Principal Civil Judge, Hubballi, is before this Court assailing the order at Annexure-E, dated 22.11.2019, by which the petitioner is directed to pay duty and penalty on the document dated 18.02.2016.

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Heard the learned counsel for the petitioner.

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The suit is one for the relief of injunction

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restraining the defendants No.1 and 2 from interfering with peaceful possession and enjoyment of the suit property by the plaintiff. The plaintiff in support of his claim, during the course of marking the documents, produced a lease deed which was for a period of three

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years. The said document is unregistered document. Based on the said document, plaintiff claimed that she is in possession of the suit schedule property. The Trial Court while accepting the contention of the petitioner that the unregistered document, which is placed on record for the purpose of collateral purpose, observed that though the document can be marked for collateral purpose under the Indian Registration Act, but if the document is not duly stamped, the party who places it, is required to pay duty and penalty. As such, the Trial Court has rightly directed the petitioner to pay stamp duty and penalty on the document dated 18.02.2016 while allowing the marking of document for collateral purpose. In the facts and circumstances of the present case, I find no error or illegality which calls for interference under Article 227 of the Constitution of India. Accordingly, the writ petition is rejected.

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Sd/JUDGE

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Kms

Arun S/O. Kaalappa Chougle v. Geeta W/O. Late Vijaybharat Hiremath

Case brief

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Arun S/O. Kaalappa Chougle v. Geeta W/O. Late Vijaybharat Hiremath

Case brief

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