IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 19TH DAY OF DECEMBER 2012 28TH AGRAHAYANA 193 OP(C).No. 4439 of 2012 (O) -------------------------- OS.59/2003 OF PRINCIPAL SUB COURT, KOLLAM PETITIONER: ----------- NIMMY.V., AGED 4 YEARS W/O. C.MURALEEDHARAN, 'SRUTHI", NEAR OLD THIRUMALA MULLACKAL, ALAPPUZHA. BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES RESPONDENTS: ------------ 1. DEVADHARA.S W/O. LATE PREMITHLAL, MINI SADANAM NEAR POLICE QUARTERS, PERUMPUZHA P.O. KOLLAM-691504.
2. VAISHNANVI (MINOR) MINI SADANAM, NEAR POLICE QUARTERS, PERUMPUZHA P.O. KOLLAM, REP. BY MOTHER, 1ST RESPONDENT-691504.
3. DEVARAJAN MADUHUBHAVAN, PUNUKANNOOR, PERUMPUZHA P.O. KUNDARA, KOLLAM-691504. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 4439 of 2012 (O) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1- TRUE COPY OF I.A.NO. 2480 OF 201.IN OS.NO. 59 OF 2003.EXHIBIT P2- TRUE COPY OF THE ORDER DT. 14-09-2012 IN I.A.NO. 2480 OF 201.IN OS.NO. 59 OF 200.OF THE SUB COURT, KOLLAM. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE Scl. V.CHITAMBARESH,J.
= = = = = = = = = = = O.P.(C) No. 4439 of 2012 = = = = = = = = = = = == = = = = Dated this the 19th day of December, 2012 JUDGMENT
It is trite law that stamp duty is leviable according to the Stamp Act in force at the time of passing of the final decree. A reference in this connection to Ahamed vs. Kunhi Pathumma (2012 (4) KLT
577) is apposite. The Kerala Stamp Act. 1959 was amended by the Kerala Finance Act, 2011 drastically reducing the stamp duty for partition decree. The amendment came into force with effect from 19-7-2011 whereunder the maximum stamp duty leviable is only Rs.1,000/- (Rupees one thousand only). The final decree in the instant case was passed on 30-6-2012 long after the amendment on 19-7-2011. Serial No.42 in the schedule under the Kerala Stamp Act, 1959 applies to partition decree passed by Court as well.
2. I permit the petitioner to apply for review of the order in the light of the dictum in Ahamed's case supra. The motion, if any, made by the petitioner shall be considered by the court below within two weeks therefrom. The court below shall also O.P.(C) No. 4439 o”
2. extend the benefit of Section 14 of the Limitation Act since the petitioner was prosecuting this original petition. The Original Petition is disposed of. V.CHITAMBARESH. JUDGE smm O.P.(C) No. 4439 of 2012 3