JINESH JAIN Vs. AMIT JAIN

JUDGEMENT

(1.) The instant application has been filed by applicant-defendant No.1, seeking a refund of the stamp duty amounting to INR 6,00,000/-.

(2.) It is apparent from the record that a preliminary decree was passed on 28/3/2022, declaring that the plaintiff and the defendants were each entitled to a 1/5th undivided share in the suit property. Thereafter, a final decree dtd. 11/10/2022 was passed, directing the distribution of the sale proceeds conforming to the shares determined in the preliminary decree. The Registrar informed the parties that they were required to deposit INR 6,00,000/- towards the stamp duty to draw the final decree.

(3.) The applicant-defendant No.1, i.e., Amit Jain, deposited the stamp duty on behalf of all the parties on 18/5/2023, and the final decree was prepared on 25/5/2023. Subsequently, applicant-defendant No.1, filed an execution petition for execution of the final decree.