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SMT G S GEETHA – Appellant
Versus
SRI THAHAR PASHA – Respondent
WP 35355/2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER 2021
BEFORE
THE HON9BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.35355/2019 (GM-CPC)
BETWEEN :
1.
SMT G. S. GEETHA
W/O B. BOREGOWDA
AGED ABOUT 56 YEARS,
2.
SRI B. BOREGOWDA
S/O BOREGOWDA
AGED ABOUT 67 YEARS,
BOTH ARE R/AT:
DOOR NO.HIGB-I, KALYANANAGAR,
DR. RAJKUMAR ROAD,
MYSURU 3 570 001.
PRESSENTLY BOTH ARE R/AT NO. 422
K.H. NAGAR, 1ST MAIN ROAD
BEHIND I.B. MADDUR 3 571 428.
... PETITIONERS
(BY SRI. RAGHUPATHY T N, ADVOCATE)
AND :
1.
SRI THAHAR PASHA
S/O LATE KADHAR MOHIDDIN,
AGED ABOUT 55 YEARS
R/AT: DOOR NO.2802,
SUWDEY ROAD,
2
MANDI MOHALLA,
MYSURU - 570 001.
2.
KARP MOUNTED COMPANY
EMPLOYEES CO-OPERATE SOCIETIES LTD.,
SITUATED AT LALITHAMAHAL ROAD,
MYSURU - 570 011.
R/BY ITS PRESIDENT:
A.
SRI. RACHEGOWDA
S/O GOOLIGOWDA
AGED ABOUT 58 YEARS
P.C. NO.53, DOOR NO.55,
"F" BLOCK, KARP MOUNTED
COMPANY, JACKEY QUARTERS,
MYSURU.
B.
SECRETARY
SRI H L PARAMESHA
S/O NOT KNOWN
AGED ABOUT 55 YEARS
P.C. NO.96, DOOR NO.20,
"B" BLOCK, KARP MOUNTED
COMPANY, JACKEY QUARTERS,
MYSURU 3 570 001.
3.
S.J.C.W.R.P.G.H. CO-OPERATIVE
SOCIETY LTD.,
REPRESENTED BY ITS PRESIDENT,
A)
SRI BEERAIAH
S/O NOT KNOWN
AGED ABOUT 78 YEARS
DOOR NO.110, 1ST STAGE,
2ND CROSS, GAYATHRI PURAM,
MYSURU 3 570 001.
B)
SECRETARY
SRI. L.MALLAIAH
3
S/O NOT KNOWN
AGED ABOUT 78 YEARS
DOOR NO.32, 4TH CROSS,
NEAR FAIR PRICE
DEPOT,
KURUBARALLI,
MYSURU 3 570 001.
4.
SMT RATHNA @ LAKSHMI
W/O LATE RAGHAVENDRA
AGED ABOUT 47 YEARS
TANANT IN
DOOR NO.291, 8TH CROSS,
J.C. NAGAR,
CHAMUNDI HILLS ROAD
MYSURU 3 570 001.
... RESPONDENTS
(BY SRI. RAVINDRANATH KAMATH.N., ADVOCATE FOR
SMT. ASHA.K., ADVOCATE FOR R1;
NOTICE TO R2 TO R4 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE
THAT THE ORDER DATED 22.07.2019 PASSED BY THE IV
ADDL. SENIOR CIVIL JUDGE & JMFC AT MYSURU ON
I.A.NO.17 IN O.S.NO.1119/2012 VIDE ANNEXURE-G AS
ILLEGAL AND QUASH THE SAME.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:-
4
O R D E R
The petitioners, who are the defendants in O.S.
No.1119/2012 on the file of the IV Additional Senior
Civil Judge and JMFC, Mysuru [for short, 'the civil
Court'], have impugned the civil Court's orders dated
22.07.2019. The civil Court by the impugned order has
rejected the petitioners' application [I.A. No.17] under
Section 151 of the Code of Civil Procedure, 1908 [for
short, 'CPC'] for leave to mark an unregistered sale deed
dated 03.07.1998.
2.
The civil Court has rejected the petitioners'
application for two reasons. Firstly, the civil Court has
opined that the sale deed dated 03.07.1998 is not
properly stamped despite observing that the requisite
stamp duty and penalty was paid earlier when the suit
was pending before another Court. Secondly, the civil
Court has reasoned that the sale deed is admittedly an
unregistered document and because it is unregistered,
5
given the provisions of Section 17 of the Registration
Act, 1908, [for short, 'the Registration Act'], the
petitioners cannot be permitted to introduce this
document in evidence as an exhibit.
3.
Sri. Ravindranath Kamath, learned senior
Counsel who appears for the first respondent-plaintiff,
does not join debate with Sri. T.N. Raghupathy insofar
as the first reason assigned by the civil Court and both
the learned senior Counsel and the learned counsel for
the petitioners submit that if deficit stamp duty and
appropriate penalty are paid, there will be no need for
repeated payment every time it is to be produced in
evidence. The first reason therefore cannot prevail and
must be negated.
4.
Sri T.N. Raghupathy, referring to the Issues
framed based on the rival pleadings, submits that the
petitioners rely upon the unregistered sale deed only to
