Dismissed¶32

Smt Girijabai W/O Hanamanth Soudatti v. Devappa S/O Murari Dalawai

Writ Petition (GM-CPC) – Insufficiently stamped document – Order admitting document in evidence without impounding

Karnataka HC14 Nov 2025WP/106211/2024

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What is this about?

Karnataka High Court, Dharwad Bench; Anant Ramanath Hegde, J.; WP No. 106211 of 2024 (GM-CPC); decided 14-11-2025; challenge to rejection of review/recall of order admitting an insufficiently stamped agreement without impounding; specific performance suit O.S. No.406/2012, Addl. Civil Judge and JMFC, Gokak; ex parte decree set aside in appeal and matter remitted; document marked during ex-parte stage; writ petition under Articles 226 and 227 dismissed; no opinion expressed on proof of the agreement.

What did the court decide?

This Court does not find any error in the said order of the Trial Court rejecting the review petition, and therefore declines to interfere. ¶31

Smt Girijabai W/O Hanamanth Soudatti Vs Devappa… — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC-D:15565 WP No. 106211 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14^TH DAY OF NOVEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106211 OF 2024 (GM-CPC)

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BETWEEN:

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SMT. GIRIJABAI W/O HANAMANTH SOUDATTI, AGED ABOUT 65 YEARS, OCC. HOUSEHOLD, R/O. C/O ASHOK MORAB, H.NO. 81, NEAR YALLAMMA TEMPLE, KURUBARA STREET, DHARWAD-580 001.

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RAGHAVENDRA S/O HANAMANTH SOUDATTI, AGED ABOUT 38 YEARS, OCC. PRIVATE JOB, R/O. C/O ASHOK MORAB, H.NO.81, NEAR YALLAMMA TEMPLE, KURUBARA STREET, DHARWAD-580 001.

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GOPAL S/O HANAMANTH SOUDATTI, AGED ABOUT 37 YEARS, OCC. PRIVATE JOB, R/O. C/O ASHOK MORAB, H.NO.81, NEAR YALLAMMA TEMPLE, KURUBARA STREET, DHARWAD-580 001.

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… PETITIONERS

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(BY SRI. S.G. KADADAKATTI, ADVOCATE)

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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AND:

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DEVAPPA S/O MURARI DALAWAI, AGED ABOUT 66 YEARS, OCC. AGRICULTURE, R/O. DUPDAL, (GHATAPRABHA), TALUKA GOKAK, DIST. BELAGAVI-591 306.

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… RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI FOR QUASHING THE ORDERS DATED 19.07.2024, PASSED ON I.A. NO.10 IN O.S. NO.406/2012 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, GOKAK VIDE ANNEXURE-E BY ALLOWING THIS WRIT PETITION, IN THE ENDS OF JUSTICE.

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NC: 2025:KHC-D:15565 WP No. 106211 of 2024

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HC-KAR

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

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This petition is filed assailing the order dated 19.07.2024 rejecting the petitioners’ application to review the order admitting the insufficiently stamped document without impounding the same.

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It is noticed that the suit for specific performance was initially decreed and the defendants filed an appeal on the premise that it is an ex-parte decree. Appeal was allowed and the matter is remitted to the Trial Court permitting the defendants to contest the matter.

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Learned counsel for the petitioners/defendants submits that the document was marked earlier when the defendant remained ex-parte and he filed an application to recall the order admitting the document on the premise that the document is not sufficiently stamped.

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