SRINIVASA DEVADIGA Vs. DEVAKI AND ORS.

JUDGEMENT

(1.) The petitioner being one of the defendant in a specific performance suit in O.S.No.640/2008 is knocking at the doors of writ court for assailing the order dated 28.10.2014, a copy whereof is at Annexure-A, whereby the learned Senior Civil Judge (Jr. Div.), Mangalore, D.K., has permitted the contesting respondent herein to take the subject document back for the purpose of paying deficit stamp duty and the penalty, if any, in terms of his memo.

(2.) After service of notice, respondents having entered appearance through their counsel resist the writ petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is of considered opinion that there need not be examination of the impugned order inasmuch as the learned counsel for the respondents is agreeable with the suggestion of this Court that, instead of returning the subject document, the Court below shall follow the procedure prescribed under Karnataka Stamp Act, 1957 for the purpose of impounding the same.