C K Chandrashekar v. a S Chowdary
Case brief
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This writ petition was permitted to become infructuous upon the filing of a memo stating that the petition was rendered infructuous, resulting in the dismissal of the petition.</p>
This writ petition was permitted to become infructuous upon the filing of a memo stating that the petition was rendered infructuous, resulting in the dismissal of the petition.</p>
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.18177/2021 (GM-CPC)
BETWEEN :
ALL ARE RESIDING AT NO.611,
43RD BLOCK, CPWD QUARTERS, 27TH MAIN, 13TH CROSS, HSR LAYOUT BENGALURU – 560 102.
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PRESENTLY RESIDING AT NO.1B 69, RESTWOOD APARTMENT 17TH CROSS, MARGOSA ROAD, MALLESHWARAM BENGALURU – 03.
REPRESENTED BY
(PETITIONER NO1 TO 3 ARE REPRESENTED BY THEIR DULY AUTHORIZED ATTORNEY HOLDER PETITIONER NO.5)
... PETITIONERS
(BY SRI. HIREMATHAD M.R., ADVOCATE)
AND :
A. S. CHOWDARY S/O C. CHANDASHEKAR AGED ABOUT 35 YEARS, RESIDING AT NO.1076/A 12TH A CROSS, VYALIKAVAL, BENGALURU – 560 003.
... RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.02.2021 PASSED ON I.A.NO.VI IN O.S.NO.2911/2014, PASSED BY THE LEARNED XII ADDITIONAL CITY CIVIL JUDGE (CCH-27) AT BENGALURU, IN SO FAR AS NOT IMPOSING STAMP DUTY PRODUCED AT ANNEXURE-G AND DIRECT THE RESPONDENT TO PAY THE DEFICIT DUTY PENALTY OF RS.39,60,000/- LEASS RS.10,000/- THAT IS RS.39,50,000/- WHICH OUGHT TO HAVE BEEN IMPOSED ON 26.03.2014 AND RS.18,00,000/LESS RS.1,80,000/- THAT IS RS.16,20,000/- WHICH OUGHT TO HAVE BEN IMPOSED ON 20.07.2018 IN TOTAL RS.55,70,000/- IN RESPECT OF UNREGISTERED AND INSUFFICIENTLY STAMPED AGREEMENT OF SALE
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MARKED AS EXHIBIT P-4, PRODUCED HEREIN AT ANNEXURE-C.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The learned counsel for the petitioners seeks leave
to file a memo stating that the petition is rendered infructuous.
The memo is taken on record, and the petition stands dismissed as having become infructuous.
SD/JUDGE
RB
C K CHANDRASKEKAR, C R NAGAMANI, C PRASHANTH, SMT M KAVITHA, C PRADEEP
A. S. CHOWDARY
B. M. SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court