In the High Court of Karnataka Circuit Bench at Dharwad

: 1 : IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 2 nd DAY OF JANUARY 2013 BEFORE THE HON’BLE MR.JUSTICE SUBHASH B. ADI WRIT PETITION NO.64680/2009(GM-CPC) BETWEEN: 1. SHANKAR BAPU PAWAR SINCE DECEASED BY HIS LRS 1(a) SMT JANABAI Age:65 W/O SHANKAR PAWAR OCC: HOUSEHOLD R/O JAKKARATTI TQ: ATHANI DISTRICT: BELGAUM 1(b) NAMADEV Age:50 W/O SHANKAR PAWAR OCC: AGRICULTURE R/O JAKKARATTI TQ: ATHANI DISTRICT: BELGAUM 1© KESHAV Age:37 S/O SHANKAR PAWAR OCC: AGRICULTURE R/O JAKKARATTI TQ: ATHANI DISTRICT: BELGAUM 1(d) DAMU Age:27 : 2 : S/O SHANKAR PAWAR OCC: AGRICULTURE R/O JAKKARATTI TQ: ATHANI DISTRICT: BELGAUM 1e) SHYAMRAO Age:40 S/O SHANKAR PAWAR OCC: AGRICULTURE R/O JAKKARATTI TQ: ATHANI DISTRICT: BELGAUM 1(f) SMT AKKATAI Age:55 W/O NARAYAN KHOTA OCC: HOUSEHOLD R/O VISHNUWADI TQ: ATHANI DIST: BELGAUM 1(g) SMT SUSHEELABAI Age:42 W/O NARAYAN RANADEVI OCC: HOUSEHOLD R/O SINDEWADI TQ: MIRAJ DIST: SANGLI 1(h) SMT. RAJAKKA Age:30 W/O APPASAHEB OCC: HOUSEHOLD R/O JADAV WADI TQ: KAVATE MAHANKAL DIST: SANGLI 2. SHRI TUKARAM BAPU PAWAR Age:50 OCC: AGRICULTURE R/O JAKKARATTI : 3 : TQ: ATHANI DISTRICT: BELGAUM SINCE DECEASED BY HIS LRS 2(a) SUKADEV Age:40 S/O TUKARAM PAWAR OCC: AGRICULTURE R/O JAKKARATTI TQ: ATHANI DIST: BELGAUM 2(b) SANJAY Age:38 S/O TUKARAM PAWAR OCC: AGRICULTURE R/O JAKKARATTI TQ: ATHANI DIST: BELGAUM 2© RAJU Age:30 S/O TUKARAM PAWAR OCC: AGRICULTURE R/O JAKKARATTI TQ: ATHANI DIST: BELGAUM …PETITIONERs (BY SRI. B.V. SOMAPUR, ADV) AND: 1. HINDURAO S/O ATMA BISURE Age: 40 S/O ATMA BISURE OCC: AGRICULTURE R/O JANARAWADI TQ: MIRAJ DIST SANGLI MAHARASTRA STATE : 4 : 2. DAULAT Age: 35 S/O ATMA BISURE OCC: AGRICULTURE R/O JANARAWADI TQ: MIRAJ DIST: SANGLI MAHARASTRA STATE SINCE DECD BY HIS LRS 2(a) SMT. BANATAI Age: 60 W/O DAULAT BISURE OCC: AGRICULTURE R/O JANARAWADI TQ: MIRAJ DIST: SANGLI MAHARASTRA STATE 2(b) BALU Age: 24 S/O DAULAT BISURE OCC: AGRICULTURE R/O JANARAWADI TQ: MIRAJ DIST: SANGLI MAHARASTRA STATE 2© SAUBAI Age: 22 S/O DAULAT BISURE OCC: AGRICULTURE R/O JANARAWADI TQ: MIRAJ DIST: SANGLI MAHARASTRA STATE 2(d) BALATAI Age: 20 S/O DAULAT BISURE OCC: AGRICULTURE R/O JANARAWADI TQ: MIRAJ DIST: SANGLI : 5 : MAHARASTRA STATE 3. SHRI GUNDA Age: 30 S/O ATMA BISURE OCC: AGRICULTURE R/O JANARAWADI TQ: MIRAJ DIST: SANGLI MAHARASTRA STATE 4. BAPU Age: 50 S/O ATMA BISURE OCC: AGRICULTURE R/O JANARAWADI TQ: MIRAJ DIST: SANGLI MAHARASTRA STATE 5. MAHADEV Age: 45 S/O GOVIND KATKAR OCC: AGRICULTURE R/O JAKKARATTI, MOTE MADABHAVI TQ: ATHANI DIST: BELGAUM SINCE DECEASED BY8 HIS LRS 5(a) SMT KAMALABAI Age: 50 MAHADEV KATKAR OCC: HOUSEHOLD R/O JAKKARATTI TQ: ATHANI DIST: BELGAUM 5(b) PANDURANGA Age: 32 S/O MAHADEV KATKAR OCC: AGRICULTURE R/O JAKKARATTI TQ: ATHANI : 6 : DIST:BELGAUM 5© RAVINDRA Age: 30 S/O MAHADEV KATKAR OCC: AGRICULTURE R/O JAKKARATTI TQ: ATHANI DIST:BELGAUM 5(d) SMT. UDYAL Age: 45 W/O BABUSAB BANE OCC: HOUSEHOLD R/O KHANDAL DIST KOLLAPUR ...RESPONDENTS (R-1, 2 A- 3, 4, 5-B SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED CIVIL JUDGE (JR.DN) ATHANI IN O.S.NO.165/90 ON I.A.NO.20 DT. 30/7/09 VIDE ANN=A AND SAID I.A.NO.20 MAY PLEASE BE ALLOWED AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The order dated 3 rd August 2009 on I.A.No.20 has been called in question. I.A.No.20 was filed under Order 18 Rule 17 read with Section 151 of the Code of Civil Procedure for summoning the sub-registrar for giving evidence on the ground that the Sub-registrar had issued two certificates one showing that the stamp duty is to be valued @ the rate of : 7 : 13% and another showing as 10%. In this regard, the petitioners sought for summoning the Sub-registrar to give evidence. 2. Learned Judge while dismissing application in I.A.No.20, has observed that the Sub-registrar due to pressure of work has issued certificate mentioning stamp duty to be levied at 13%. Later on when he noticed that the notification relating to valuation prescribes only 10% stamp duty he has issued corrected certificate. Stamp duty is to be paid in terms of the notification issued by the State Government. It is in terms of the same, the Sub-registrar has issued second certificate. There is no error nor it causes any prejudice to the case of the petitioners. Hence, petition dismissed. Sd/- JUDGE kmv.

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