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1 - 7 of 7 (0.17 seconds)The Code of Civil Procedure, 1908
Shankar Balwant Lokhande (Dead) By L.Rs vs Chandrakant Shankar Lokhande & Anr on 20 March, 1995
15. The Hon'ble Supreme Court, in the case of SHANKAR
BALWANT LOKHANDE (DEAD) BY L.Rs v. CHANDRAKANT
SHANKAR LOKHANDE AND ANOTHER reported in AIR 1995 SC
1211 has held as follows:
Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Section 39 in Karnataka Stamp Act, 1957 [Entire Act]
J.R.R. Naidu vs Registrar, City Civil Courts on 7 August, 1991
16. In the instant case, since defendant No.8 (petitioner
herein) was deleted from the array of parties and also the
petitioner has suffered an order by way of rejection of IA. 52 in
O.S 7938/1996, the petitioner is not entitled for relief as sought
for in this petition. The petitioner has relied upon the law
declared by this Court in the case of J.R.R. NAIDU (supra). The
facts of the case in the above decision are distinct from the facts
of the case on hand. The party seeking certified copies in the
above mentioned decision was party in the proceedings therein.
However, in the instant case, the petitioner is neither a party in
the preliminary decree nor a party in the final decree
proceedings and in that view of the matter, aforesaid judgment
relied upon by the petitioner is not applicable to the facts of the
present case, as said case deal with the party to the proceedings
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and accordingly, the contention raised by the learned counsel for
the respondent is accepted. Hence, Writ petition is rejected as
having no merit. However, dismissal of instant writ petition does
not disentitle the petitioner to prove the conduct of the parties in
O.S 6345/2005 in a manner known to law and it is always open
for him to take necessary steps in the said suit. Hence, the
following:
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