HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 1033 OF 2023 (GM-CPC)

C/W WRIT PETITION NO. 2389 OF 2023 (GM-CPC)

IN WP No. 1033/2023:

BETWEEN:

K.M. RAJENDRAN AGED ABOUT 65 YEARS S/O LATE M. KRISHNAMURTHY RESIDING AT NO.3

1ST MAIN, C.K.C. GARDEN BANGALORE - 560 027.

…PETITIONER (BY SRI RAJADITHYA SADASIVAN, ADV.)

AND:

Digitally signed by

1. SRI C.P. SELVARAJ NANDINI M S S/O COIL PILLAI Location:

HIGH COURT AGED ABOUT 73 YEARS OF NO.718, IMMANUEL KARNATAKA EX.SERVICEMAN COLONY DODDABANASAWADI BANGALORE - 560 043. 2. SRI GOPAL REDDY S/O THIPPA REDDY AGED ABOUT 77 YEARS.

3. SMT ARUNA DEVI W/O SATISH REDDY AGED ABOUT 49 YEARS.

HC-KAR

4. SRI G. ARAVIND S/O GOPAL REDDY AGED ABOUT 39 YEARS.

RESPONDENTS NO.2 TO 4 RESIDING AT NO.3 AKANKSHA,3RD CROSS SREE SATHYA SAI BABA LAYOUT K.R.PURAM, BENGALURU - 560 036.

5. SMT. JOTHI PRAKASH @ ANGALINE FATIMA W/O K.L. GNANAPRAGASAM NO.6, GNANA JOTHI

2ND CROSS, C.H.REDDY LAYOUT HORAMAVAVU, MAIN ROAD BANASWADI, BANGALORE - 560 043.

6. SULOCHANA BAI W/O LATE N B SIDDOJI RAO NO.25, 2ND CROSS

3RD MAIN ROAD, AYAPPA BLOCK VIVEKNAGAR POST BANGALORE - 560 042.

…RESPONDENTS (BY SRI LOKESH R, ADV, FOR R-1 TO R-4;

R-5 SERVED UNREPRESENTED)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING PORTION OF ANNEXURE-A,ORDERS DATED 02.01.2023 IN OS.NO.952/2009 OF THE XXXVIII ADDL.CITY CIVIL JUDGE,BANGALORE(CCH-38) PARTLY DISMISSING IA UNDER ORDER XIII RULE 8 CPC,IN ANNEXURE-G.

IN WP NO. 2389/2023:

BETWEEN:

HC-KAR SRI C.P. SELVARAJ AGED ABOUT 72 YEARS S/O SRI COIL PILLAI R/AT NO.718 'IMMANUEL HOUSE' EX-SERVICE MEN COLONY BANASWADI, BENGALURU - 560 043.

...PETITIONER (BY SRI LOKESH R, ADV.)

AND:

SRI K.M. RAJENDRAN S/O SRI M. KRISHNAMURTHY AGED ABOUT 63 YEARS RESIDING AT NO.3

1ST MAIN, C K C GARDEN BENGALURU - 560 027.

...RESPONDENT (BY SRI RAJADITHYA SADASIVAN, ADV.)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH PORTION OF THE ORDER IN O.S.NO.952/2009 PASSED BY XXXVII ADDL. CITY CIVIL AND SESSION JUDGE, BANGALORE DTD 02.01.2023 ON IA ORDER 13 RILE 8 R/W SEC 33 OF KSA VIDE ANNEXURE-A THEREBY IMPOUNDING THE SALE AGREEMENT DTD 26.08.1987 AND DIRECTING THE PETITIONER TO PAY DUTY AND PENALTY OF RS.10,28,49,670/-

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

HC-KAR CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. These two writ petitions filed under Article 227 of the Constitution of India arises out of the order dated 02.01.2023 in OS No.952/2009 passed by the Court of XXXVII Addl. City Civil and Sessions Judge, Bengaluru, on an application filed by defendant No.1 under Order XIII Rule 8 of CPC read with Section 33 of the Karnataka Stamp Act, 1957 (hereinafter referred to as 'the Act' for short).

2. Heard the learned counsel for the parties.

3. OS No.952/2009 was filed by the petitioner in WP No.2389/2023 and others seeking relief of declaration and injunction. In the said suit, plaintiff No.1, who is the petitioner in WP No.2389/2023 had contended that the original owners of the suit schedule properties had executed an agreement for sale dated 26.08.1987 in his favour after having received entire sale consideration in respect of the suit schedule properties and thereafter, executed three general power of attorneys dated 17.02.1988 and 09.05.1988 respectively. Out of the aforesaid HC-KAR three general power of attorneys, two general power of attorneys dated 17.02.1988 and 09.05.1988 were marked as Ex.P1 and P12 respectively during the course of deposition of PW1. Subsequently, defendant No.1 had raised objection with regard to Ex.P1 and Ex.P12, on the ground that the said documents are insufficiently stamped. It is under these circumstances, an application under Order XIII Rule 8 of CPC read with Section 33 of the Act was filed by defendant No.1 with a prayer to impound the aforesaid two general power of attorneys marked as Ex.P1 and