Disposed

Mr. Mallappa Shivabasu Avaradi v. Mrs. Bhuma W/O Dadusab Shaikh

Karnataka HC22 Jun 2024WP/100577/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed to quash the impounding of documents. The court observed that compliance regarding stamp duty and penalty was a condition precedent. Since the matter was sub-judice in the lower court regarding compliance, the petition did not survive and was disposed of without further consideration.

What did the court decide?

Petition disposed of without survival as compliance regarding stamp duty remained sub-judice.

Mr. Mallappa Shivabasu Avaradi Vs Mrs… — Civil Procedure and Limitation | Karnataka HC (2024)

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NC: 2024:KHC-D:8479 WP No. 100577 of 2018

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22^ND DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 100577 OF 2018 (GM-CPC)

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BETWEEN:

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MR. MALLAPPA SHIVABASU AVARADI, S/O. SHIVABASU AVARADI, AGE: 40 YEARS, OCC: COOLIE, R/O: GANGA NAGAR, MUDALAGI, TQ: GOKAK, DIST: BELAGAVI.

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…PETITIONER

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(BY SRI. SATHISH S.M., ADVOCATE)

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AND:

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MRS. BHUMA W/O. DADUSAB SHAIKH, AGE: 57 YEARS, OCC: COOLIE, R/O: MUDALAGI, TQ: GOKAK, BELAGAVI DISTRICT. SINCE DEAD BY HER LEGAL REPRESENTATIVES.

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ASHPAK KASHIMSA MALAGALADINNI Digitally signed byASHPAK KASHIMSA MALAGALADINNI Location: High Court ofKarnataka, Dharwad BenchDate: 2024.06.28 13:21:42 +0530

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1(A) REHMATHBI C/O. DASTAGIRI SAB SHEKH, AGED AOBUT 30 YEARS, OCC: COOLIE, R/O. MUDALAGI VILLAGE, POST& TALUK, BELAGAUM DISTRICT-591312.

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1(B) MAREMBI C/O. AMINA SAB MARGUR, AGED AOBUT 35 YEARS, OCC: COOLIE, R/O. MUDALAGI VILLAGE, POST& TALUK, BELAGAUM DISTRICT-591312.

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…RESPONDENTS

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(BY SRI. CHETAN MUNNOLI, ADV. FOR R1 A & B)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR DIRECTION OR NECESSARY WRIT OF CERTIORARI BY QUASHING

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- 2 - NC: 2024:KHC-D:8479 WP No. 100577 of 2018

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THE FINDINGS IN IMPUGNED ORDER DATED:15.12.2017 PASSED BY HON'BLE CIVIL JUDGE AND JMFC, AT MUDALAGI IN O.S.NO.189/2015 AS MARKED AT ANNEXURE-"E"; ISSUE AN ORDER OR DIRECTION OR NECESSARY WRIT OF MANDAMUS DIRECTING THE HON'BLE CIVIL JUDGE AND JMFC AT MUDALAGI IN O.S.NO.189/2015 TO MARK BOTH THE AGREEMENTS DATED 10.06.2003 AND 20.09.2004 AS EXHIBIT D14 & D15 AS PRODUCED BY PETITIONER IN HIS EVIDENCE-IN-CHIEF BEFORE TRIAL COURT, VIDE ANNEXURE-A & B TO THIS WRIT PETITION.

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THIS 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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This captioned petition is filed by the defendant assailing the order of the trial Court in impounding the document relied by the present petitioner/defendant. Both the counsels fairly submit that, the petitioner has paid deficit stamp duty and also penalty.

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If the petitioner has complied the order under challenge and if the deficit stamp duty is made good and consequently, the penalty is also paid, the learned Judge shall take cognizance of these significant details and permit the petitioner to get the document admitted in the evidence, subject to the proof of admissibility.

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3 - NC: 2024:KHC-D:8479 WP No. 100577 of 2018

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In that view of the matter, the captioned petition

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does not survive for consideration.

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Accordingly, the petition is disposed of.

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Sd/JUDGE

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SVH

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List No.: 1 Sl No.: 57

Mr. Mallappa Shivabasu Avaradi v. Mrs. Bhuma W/O Dadusab Shaikh

Case brief

What is this about?

What did the court decide?

Mr. Mallappa Shivabasu Avaradi v. Mrs. Bhuma W/O Dadusab Shaikh

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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