The High Court dismissed a writ petition filed by a petitioner-defendant who challenged an order rejecting his applications to withdraw and refile a General Power of Attorney due to insufficient stamp duty. The Court found no ground to interfere with the impugned order.
The writ petition was dismissed with no costs awarded to any party.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.12150 OF 2021 (GM-CPC)
BETWEEN :
SRI. C. BHEEMARAJ S/O LATE CHANDRAMATHI MUDALIAR AGED ABOUT 76 YEARS RESIDING AT NO.1369 5TH MAIN ROAD, 'D' BLOCK 2ND STAGE, RAJAJINAGAR BANGALORE-560 010 …PETITIONER
(BY SHRI. B. JANARDHANA, ADVOCATE)
AND :
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RESPONDENTS NO.3 TO 7 ARE RESIDING AT ANIGATTA VILLAGE, KASABA HOBLI DEVANAHALLI TALUK-562 110 …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER VIDE ANNEXURE-A THE ORDER DATED 13.12.2019 PASSED ON I.A.NO.10 AND 11 IN O.S.NO.413/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is defendant No.6 in O.S.No.413/2008 on the
file of Senior Civil Judge & JMFC, Devanahalli. He has sought to defend the case through his power agent. He has filed two applications namely, I.As.No.10 and 11 to withdraw the earlier GPA and to file a fresh GPA respectively.
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2. Learned Trial Judge has rejected the said applications by holding thus,
"4. After completion of pleadings this court framed issues and both the parties led evidence. When defendant No.6 examined and produced the G.P.A. dated 12-09-2015, the plaintiff raised objections of deficit stamp duty. Wherefore the case posted for hearing on document. On such occasion defendant No.6 filed the above application. When the G.P.A. is before the court and it was made in deficit stamp duty, question of withdrawing the said document and permitting to file fresh G.P.A. does not arise. Hence I.A. No. 10 and 11 are rejected."
No costs.
Sd/JUDGE
AV
1 issue framed by the court
Whether the High Court should interfere with the Trial Judge's order rejecting applications to withdraw a General Power of Attorney that was challenged on grounds of deficit stamp duty.
2 provisions across 1 enactments
C. Bheemarai
Smt. Rathnamma
Smt. Anjanamma
Sri. Venkateshappa
Sri. Ramesha
Sri. Srinivasa
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
