M MUNISWAMI Vs. B P KRISHNAPPA MUDALIYAR

JUDGEMENT

(1.) THIS writ appeal is filed against the judgment dated 14-9-2005 in W. P. No. 19007/2005. The appellant is the petitioner in the writ petition.

(2.) THE challenge in the wirt petition is against Annexure-'d' order dated 20-6-2005 passed by an Arbitrator in CMP. No. 97/2003. The said order reads as follows:

(3.) IT is not disputed tha Ex. P. 2 agreement of sale was produced by the appellant before the Arbitrator as documentary evidence in support of his case. The appellant does not dispute that the Arbitrator is a person having by law and consent of parties the authority to receive evidence. It is also not disputed that Ex. P. 2 instrument is chargeable with duty. In Annexure-'d' order the Arbitrator has taken the view that the instrument is not duly stamped. Accordingly he has impounded the same. In our view, all the requirements of Section 33 (1) of the karnataka Stamp Act 1957 have been satisfied in this case and therefore the Arbitrator was right and justified in passing Annexure-'d' order. In this view of the matter the learned single Judge was right in dismissing the writ petition. Hence there is no merit in the writ appeal. The writ appeal is dismissed.