H. MURIGAPPA Vs. B. HAYAVADANA HATWAR AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 2.9.2013 passed by the I Additional Senior Civil Judge, Davanagere, in OS No. 53/2007.

(2.) THE facts in brief are that:

(3.) IT is also submitted that under the provisions of section 34 of the Karnataka Stamp Act, 1957, [hereinafter referred to as 'the Act' for short], no discretion is left with the trial Judge to levy penalty at the rate less than ten times of the deficit stamp duty and accordingly seeks for allowing the writ petition, setting aside the order passed by the trial court and to direct the respondent to deposit the penalty amount equal to ten times as that of the stamp duty.