DIWAKAR K Vs. CHINNAMMA

JUDGEMENT

(1.) W.P.No.33482/2017 has been filed by the plaintiff - Sri Diwakar K., son of Krishnappa against Smt.Chinnamma and Others, Respondent Nos.1 to 14 being landlords, respondent Nos.15 to 17 being subsequent purchasers, Respondent No.18 K.N.Mohan Reddy being a Power of Attorney Holder and Respondent No.19 - M.Shankarappa being another Power of Attorney Holder, who is not represented before this Court.

(2.) The present writ petition has been filed aggrieved by the order dated 06.07.2017 passed by the learned Trial Court directing the Plaintiff to pay the deficit stamp duty on the document Ex.P.2 i.e., General Power of Attorney executed by Respondent No.1- Smt.Chinnamma in favour of K.N.Mohan Reddy - Respondent No.18 to the extent of Rs. 8,43,700/- on the basis of the market value of the immovable property transferred by the said power of attorney holder Sri K.M.Mohan Reddy executed in favour of the plaintiff - Sri Diwakar K. on 03.01.2005. The suit for specific performance has been filed by the petitioner - Diwakar K., namely, O.S.No.26719/2013.

(3.) The proceedings in this suit have already been subjected to litigation before this Court twice over, firstly in MFA No.6721/2014 C/w. MFA No.6723/2014 by M/s. Sri Panchajanya Infrastructure Pvt. Ltd. - Respondent No.16 in the present writ petition, which filed the said MFA against the temporary injunction granted by the learned trial Court. But the learned Single Judge of this Court instead of interfering with the said interim order of the Trial Court directed the Trial Court to conclude the trial as expeditiously as possible and in any event on or before 31.08.2016.