Dismissed

Smt Meenakshi v. Sri M K Mohandas

Karnataka HC5 Mar 2021WP/53797/2015

Case brief

AI extract

What is this about?

The High Court dismissed the Writ Petition filed under Article 227. The Court held the Petition lacked merit after finding the certified agreements did not support the Petitioners' contention regarding a possession clause, thus negating the stamp duty issue. The Court directed the lower court to dispose of the underlying suit within ten months.

What did the court decide?

Writ petition dismissed. Respondent-plaintiff directed to try and dispose of the suit within ten months.

Smt Meenakshi Vs Sri M K Mohandas — Property and Title | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF MARCH, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.53797 OF 2015 (GM-CPC)

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BETWEEN:

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1 . SMT. MEENAKSHI, D/O LATE NARAYANAGOWDA, AGED ABOUT 45 YEARS, R/O AGRAHARABADAVANE, RAILWAY DEPARTMENT - 571 501 RAMNAGARAM.

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2 . SMT. SAROJAMMA, W/O LATE M.D. NARAYANAGOWDA, AGED ABOUT 72 YEARS,

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3 . SMT. BANUMATHI W/O BHASKLAR D/O LATE M.D. NARAYANAGOWDA, AGED ABOUT 26 YEARS,

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2 & 3 ARE R/O MALURUPATNA VILLAGE, MALURU HOBLI, CHANNAPATNATALUK – 571 501. RAMNAGARAM DISTRICT.

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…PETITIONERS

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(BY SRI. JAI PRAKASH REDDY.M, ADVOCATE)

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AND:

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1 . SRI. M.K. MOHANDAS, S/O LATE M.D. KEMPANNA, AGED ABOUT 58 YEARS, R/O MALLURUPATNAVILALGE, MALLURU HOBLI, CHANNAPATNA TALUK – 571 501, RAMNAGARAM DISTRICT.

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2 . SMT. M.N.MAMATHA, D/O LATE M.D. NARAYANAGOWDA, AGED ABOUT 41 YEARS,

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3 . SRI. M.N. KEMPARAJU, S/O LATE M.D. NARAYANAGOWDA, AGED ABOUT 45 YEARS,

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2 & 3 ARE R/O MALLURUPATNA VILALGE, MALLURU HOBLI, CHANNAPATNA TALUK – 571 501, RAMNAGARAM DISTRICT.

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…RESPONDENTS

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(BY SRI. M.G.SATEESHA, ADVOCATE FOR R1; R2, R3 ARE SERVED & UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.7.11.2015 IN O.S.NO.41/2009 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC CHANNAPATNA VIDE ANNEX-E.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioners being the defendants in a specific

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performance suit in O.S.No.41/2009 are knocking at the doors of the Writ Court for assailing the order dated 07.11.2015, a copy whereof is at Annexure-E whereby the learned Principal Civil Judge, Channapatna, has held the subject Agreements to Sale dated 25/07/2006 & 08/08/2006, on which the suit is founded, are duly stamped. After service of notice, the respondent-plaintiff having entered appearance through his counsel, resist the writ petition arguing in support of the impugned order.

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The certified copies of agreements in question

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which are produced by the respondent this day show that their texts are bit different from the texts of the Xerox copies of the documents which the petitioners have relied upon in support of their contention that there is a clause for delivery of possession of the property. The certified copies of the agreements do not support such a stand, as rightly contended by learned counsel for the respondent. Thus, the question of invoking Article 5(e) of the Schedule to Karnataka Stamp Act, 1957, would not arise, as rightly held by the learned Judge of the Court below.

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The writ petition being devoid of merits is dismissed, however requesting learned Judge of the Court below to try & dispose off the suit within a period of ten months, all contentions of the parties having been kept open.

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No costs.

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Sd/JUDGE

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Smt Meenakshi v. Sri M K Mohandas

Case brief

What is this about?

What did the court decide?

Smt Meenakshi v. Sri M K Mohandas

Case brief

What is this about?

What did the court decide?

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Issues for consideration

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