JINESH JAIN vs AMIT JAIN & ORS.

Judgment text excerpt

$-15 * IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 60/2021 Date of Decision: 12.02.2025 IN THE MATTER OF: JINESH JAIN ..... PLAINTIFF Through: None. Versus AMIT JAIN & ORS. .... DEFENDANTS Through: Mr.Hitesh Chopra and Mr.Rahul Kumar, Advocates for D-1. Ms.Harshita, Advocate for Mr.Sameer Vashisht, SC (Civil), GNCTD. HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) I.A. 45899/2024 (under Section 151 of CPC, 1908) 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 28.03.2022, declaring that the plaintiff and the defendants were each entitled to a 1/5th undivided share in the suit property. Thereafter, a final decree dated 11.10.2022 was passed, directing the Signature Not Verified Signature Not Verified Digitally Signed By:PRIYA Digitally Signed Signing Date:17.02.2025 By:PURUSHAINDRA 17:42:40 1 KUMAR KAURAV 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 18.05.2023, and the final decree was prepared on 25.05.2023. Subsequently, applicant-defendant No.1, filed an execution petition for execution of the final decree. 4. Learned counsel appearing on behalf of applicant-defendant No.1 submits that during the pendency of the execution proceedings, defendant No.2, sold his undivided 1/5th share in the property to applicant-defendant No.1 against consideration and a stamp duty amounting to I