Dismissed¶25

Sri K R Lokesh v. Sri David Raju

Karnataka HC2 Dec 2025WP/30361/2014

Case brief

AI extract

What is this about?

Karnataka High Court writ petition dismissed; Articles 226 and 227 Constitution of India; stamp duty deficiency and penalty Rs.13,85,450/-; order dated 06.07.2010; OS.No.16185/2005; XXVIII Addl. City Civil Judge Mayohall Bangalore; Annexure-E; agreement to sell Ex.P.4; possession transferred; RFA No.1143/2012 (SP); prayer deleted 21.03.2014; K.R. Lokesh v. David Raju; GM-CPC; interim stay refused by dismissal.

What did the court decide?

The order dated 06.07.2010 is in keeping with the contents of the agreement to sell (Ex.P.4 in O.S.No.16185/2005), which clearly reflects that possession was transferred. ¶24

Sri K R Lokesh Vs Sri David Raju — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:50102-DB WP No. 30361 of 2014

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF DECEMBER, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI AND

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THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 30361 OF 2014 (GM-CPC)

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BETWEEN:

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SRI.K.R.LOKESH, S/O K.S.RAMACHANDRA REDDY, AGED ABOUT 43 YEARS, R/A NO.122F, MARUTHI EXTENSION 2ND CROSS, 6^TH MAIN, SRIRAMPURAM, BANGALORE-560 021. REP. BY HIS G.P.A HOLDER, SRI.C.M.ANJINAPPA.

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…PETITIONER

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Digitally (BY SRI.SHASHANK KUMAR, ADVOCATE signed by K G RENUKAMBA FOR SRI.G.V.CHALUVARAJA, ADVOCATE) Location: HIGH COURT AND: OF KARNATAKA SRI.DAVID RAJU, S/O LATE D.CHOWRAPPA, AGED ABOUT 59 YEARS, R/A: MARIYAMMANA PALYA, ARABIC COLLEGE POST, BANGALORE-560 045. …RESPONDENT (BY SRI.K.NARAYANA, ADVOCATE)

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2 - NC: 2025:KHC:50102-DB WP No. 30361 of 2014

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER ON NONPAYMENT OF THE STAMP DUTY & PENALTY OF RS.13,85,450/- PASSED BY THE XXVIII ADDL. CITY CIVIL JUDGE MAYOHALL BANGALORE IN OS.NO.16185/2005, DATED 06.07.2010 IN ANNEXURE-E AND GRANT INTERIM ORDER TO STAY THE OPERATION OF THE ORDER ANNEXURE-E, PASSED BY THE XXVIII ADDL. CITY CIVIL JUDGE MAYOHALL BANGALORE, IN OS.NO.16185/2005 DATED 06.07.2010.

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

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CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

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The instant petition was connected with RFA No.1143/2012 (SP), in which appeal, inter-aliea the order of the trial Court regarding payment of deficiency in Stamp Duty and Penalty passed on 06.07.2010 in OS No.16185/2005 by the XXVIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru, was challenged.

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3 - NC: 2025:KHC:50102-DB WP No. 30361 of 2014

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HC-KAR

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However, in the appeal, on 21.03.2014, the

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prayer No.2, challenging the order dated 06.07.2010 was deleted and the aforesaid writ petition was filed, which came to be connected with the aforesaid appeal.

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The order dated 06.07.2010 is under challenge

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in the writ petition. We find that it is in keeping with the contents of the agreement to sell which is Ex.P.4 in O.S.No.16185/2005, inasmuch as, it clearly reflects that possession was transferred. We find no error in the order of 06.07.2010, as such, the aforesaid writ petition is

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dismissed.

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Sd/(JAYANT BANERJI)

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JUDGE

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Sd/(K. V. ARAVIND) JUDGE

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BVK

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