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In the High Court of Karnataka Dharwad Bench

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In the High Court of Karnataka Dharwad Bench IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 10 TH DAY OF OCTOBER, 2014 BEFORE THE HON’BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR WRIT PETITION No.77639/2013 (GM-CPC) BETWEEN: VENKAPPA S/O. VINAYAK KULKARNI AGE: 56 YEARS, OCC: ADVOCATE, R/O. YOGIKOLLA ROAD, EXTN., TQ: GOKAK, DIST: BELGAUM. ... PETITIONER (BY SRI. SHRIHARSH A NEELOPANT, ADV.) AND 1. BALAPPA S/O. KAREPPA SANADI AGE: 56 YEARS, OCC: AGRICULTURE R/O. FALAGADDI, TQ: GOKAK, DIST: BELGAUM. 2. GUNDUPANTH S/O. HANAMANT KULKARNI AGE: MAJOR, OCC: AGRICULTURE R/O. FULAGADDI, TQ: GOKAK DIST: BELGAUM. 3. VIJAYLAXMI W/O. GUNDUPATH KULKARNI AGE: MAJOR, OCC: AGRICULTURE R/O. FULAGADDI, TQ: GOKAK DIST: BELGAUM 4. GURURAJ S/O. GUNDUPANTH KULKARNI AGE: MAJOR, OCC: AGRICULTURE R/O. FULAGADDI, TQ: GOKAK DIST: BELGAUM. 5. ANANT S/O. GUNDUPANTH KULKARNI AGE: MAJOR, OCC: AGRICULTURE R/O. FULAGADDI, TQ: GOKAK 2 DIST: BELGAUM 6. PURUSHOTTAM S/O. VINAYAK KULKARNI AGE: MAJOR, OCC: AGRICULTURE R/O. GANGA VIHAR SINGH D64, CHEMBURE ROAD, CHUNBATTI, MUMBAI, MAHARASHTRA STATE. 7. MADHUKAR S/O. VINAYAK KULKARNI AGE: MAJOR, OCC: AGRICULTURE R/O. OHM SOCIETY BUILDING DAMBAWAL (WEST) DIST: THANE 8. SUNITA W/O. DUTTATREYA KULKARNI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. RAM LAXMAN SOCIETY, KESHAV PRASAD, KRISHNA NAGAR, SATARA, DIST: SATARA, MAHARASHTRA. 9. ROHINI W/O. RAVINDRA KULKARNI AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. RENUSHIDHA APARTMENT, CEAON BHOR SANGALI, PO: SANGALI, MAHARASHTRA. 10. VIJAYA W/O. HEMANT TIDAKE AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O.C/O. VINKATESH RAMAKISHOR AT / POST: ASTA, TQ: WALWA, DIST: SANGALI, MAHARASHTRA. 11. MAHESH S/O. DATTATREYA KULKARNI AGE: MAJOR, OCC: SERVICE R/O.RAM LAXMAN SOCIETY, KESHAV PRASAD, KRISHNA NAGAR, SATARA, DIST: SATARA, MAHARASHTRA 12. BALAVANT S/O. SHRINIVAS KULKANRI AGE: 63 YEARS, OCC: AGRICULTURE, R/O.FULAGADDI, TQ: GOKAK DIST: BELGAUM. 13. VENKATESH S/O. SHRINIVAS KULKARNI AGE: 56 YEARS, OCC: AGRICULTURE, 3 R/O.FULAGADDI, TQ: GOKAK DIST: BELGAUM. 14. HANAMANT S/O. SHRINIVAS KULKARNI AGE: 46 YEARS, OCC: AGRICULTURE, R/O. FULAGADDI, TQ: GOKAK DIST: BELGAUM 15. LAMIBAI W/O. SHRINIVAS KULKARNI AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. FULAGADDI, TQ: GOKAK DIST: BELGAUM 16. NEELAWWA W/O. NARAYAN DESHPANDE AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O. FULAGADDI, TQ: GOKAK DIST: BELGAUM 17. MALAWWA W/O. ASHOK DAFTARDAR AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O. SHINDIKURBET, TQ: GOKAK, DIST: BELGAUM. ... RESPONDENTS (BY SRI. S G KADADAKATTI, ADV. FOR R1, NOTICE TO R2-R17- DISPENSED WITH.) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.12.03.2013 IN OS.NO.117/2005 PASSED BY I/C 2ND ADDL. SENIOR CIVIL JUDGE, GOKAK ON ADDITIONAL ISSUE AS PER ANNEXURE-A. THIS PETITION COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER By the impugned order, the court below has rejected the objections raised by defendant No.8 regarding the sufficiency of the stamp duty. 4 2. In the matter on hand, after the determination of the quantum relating to stamp duty by the Civil Court, the papers were sent to the Deputy Commissioner under Section 37 (1) of the Karnataka Stamp Act. The Deputy Commissioner has reduced the penalty to certain extent. The plaintiff has paid the reduced penalty with stamp duty. The order of the Deputy Commissioner reducing the penalty is confirmed by the Division Bench of this Court in W.A.No.31137/2012 disposed of on 24.06.2013. So also this matter is fully covered by the judgment of the division bench in the case of DIGAMBAR WARTY AND OTHERS VS. DISTRICT REGISTRAR, BANGALORE URBAN DISTRICT AND ANOTHER (ILR 2013 KAR 2099) (see paragraph 39). In view of the same, no interference is called for. Petition fails and the same is dismissed. SD/- JUDGE Jm/-.
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