STATE OF KARNATAKA Vs. VIVEKANANDA M HALLUR

JUDGEMENT

(1.) These appeals were earlier dismissed by this Court without condoning the delay. Therefore, the matter was taken up by the appellants before the Hon'ble Supreme Court. The Hon'ble Supreme court by its order dated 07.12.2012, allowed the Civil Appeal Nos.8803- 8805/2012 holding that the co-ordinate Division Bench of the High Court was required to condone the delay and consider the merits of the matter in relation to the provisions of the Karnataka Stamp Act, 1957. Therefore, the matters are listed for final hearing.

(2.) The facts leading to these appeals are as hereunder:-

(3.) Sri.M.Keshava Reddy, learned Govt. Advocate contends that the learned single Judge has committed serious error in not considering the effect of Section 2(mm) of the Act. According to him, he has no quarrel with regard to interpretation of Article 5(e) of the Act. According to him, the learned single Judge was required to consider the case of the parties considering the provisions of Section 2(mm) r/w Article 5(e) of the Act. Further, he contends that if the learned single Judge has considered both the provisions, he would not have allowed the writ petitions. In the circumstances, he requests this Court to examine Section 2(mm) r/w Article 5(e) of the Act altogether and allow the writ appeals.