D. SHEKARAPPA Vs. B.R. INDUDAR AND ORS.

JUDGEMENT

(1.) PETITIONER has challenged the orders dated 11.08.2011 at Annexure "D", 19.01.2012 at Annexure "G" and 21.08.2012 at Annexure "J" passed by the Principal Civil Judge (Sr.Dvn.) & CJM, Davangere.

(2.) THE facts in brief are that 1st respondent has filed O.S. No. 94/2008 against the petitioner and respondents 2 and 3 before the Court below for specific performance of an agreement dated 20.03.2002 and to pass an order directing the petitioner to execute the registered sale deed in his favour with regard to the suit schedule property and to declare that the sale deeds dated 14.11.2003 and 06.12.2003 executed between the petitioner and respondents 2 and 3 are not binding on 1st respondent and also for an order to restrain the petitioner and respondents 2 and 3 from alienating the suit schedule property by way of granting permanent injunction.

(3.) LEARNED counsel appearing for the petitioner placing reliance on the Judgment of this Court in the case of Govinde Gowda v. Akkayamma (W.P. No. 8892/2010) contended that the penalty imposed by the trial Court at 10 times the duty is contrary to the provisions of Sections 34 and 39 of the Act and the appropriate penalty that would have been levied by the trial Court was Rs. 5/ -.