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2025 DAILYLAW 54278 (KAR)

SRI K R LOKESH v. SRI DAVID RAJU

WP/30361/2014 · 2025-12-02

Jayant Banerji, K V Aravind

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50102-DB WP No. 30361 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 30361 OF 2014 (GM-CPC) BETWEEN: SRI.K.R.LOKESH, S/O K.S.RAMACHANDRA REDDY, AGED ABOUT 43 YEARS, R/A NO.122F, MARUTHI EXTENSION 2ND CROSS, 6TH MAIN, SRIRAMPURAM, BANGALORE-560 021. REP. BY HIS G.P.A HOLDER, SRI.C.M.ANJINAPPA. …PETITIONER (BY SRI.SHASHANK KUMAR, ADVOCATE FOR SRI.G.V.CHALUVARAJA, ADVOCATE) AND: 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) Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50102-DB WP No. 30361 of 2014 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. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) 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. - 3 - HC-KAR NC: 2025:KHC:50102-DB WP No. 30361 of 2014 2. However, in the appeal, on 21.03.2014, the 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. 3. The order dated 06.07.2010 is under challenge 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 dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (K. V. ARAVIND) JUDGE BVK List No.: 1 Sl No.: 0