ABDUL KAHLIQ ANSARI Vs. FARKUNDA AND ORS.

JUDGEMENT

(1.) THESE petitions are directed against the orders dated 28.06.2014 and 07.07.2015 passed in O.S. No. 313/2008 by the I Addl. Senior Civil Judge, Kolar.

(2.) THE basic facts which are necessary to decide these petitioners are the following:

(3.) SRI B. Papegowda, learned advocate, on the other hand, contended that the suit was instituted based on an inadmissible document and despite the order passed on 09.04.2014, the stamp duty and penalty payable on the suit document was not remitted and even after dismissal of the writ petition Nos. 36746 -747/2014, the determined stamp duty and penalty was not remitted. He further submitted that plaintiff has not deposited the sale consideration amount as shown in the suit document before the Trial Court and by withholding huge amount, he is having illegal benefit and the interest, if worked out on the withheld amount, on FD rate terms, there is illegal benefit of more than Rs. 6,00,000/ - to the plaintiff. Learned counsel made submissions in support of the impugned orders.