IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 11749 OF 2020 (GM-CPC)

BETWEEN:

SMT. S.L. ANURANI W/O LATE R. KANTHARAJ AGED ABOUT 37 YEARS R/O ANIVALA VILLAGE KASABA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527.

…PETITIONER (BY SRI GOPALAKRISHNAMURTHY C, ADV.)

AND:

1. B.M. VEERABHADRAPPA S/O LATE MARULAPPA SINCE DEAD, REPRESENTED BY HIS LRS R-2 TO R-5.

Digitally signed by NANDINI M S 2. SMT. S.R. PARVATHAMMA W/O B.M. VEERABHADRAPPA Location: H IGH COURT OF AGED ABOUT 65 YEARS.

KARNATAKA

3. B.V. BHAGEERATHI D/O B.M. VEERABHADRAPPA AGED ABOUT 45 YEARS.

4. B.V. LINGARAJU S/O B.M. VEERABHADRAPPA AGED ABOUT 43 YEARS.

5. B.V. HEMAVATHI D/O B.M. VEERABHADRAPPA AGED ABOUT 40 YEARS.

ALL ARE AGRICULTURISTS R/O ANIVALA VILLAGE KASABA HOBLI HOSADURGA TALUK CHITRDURGA DISTRICT - 577 527.

…RESPONDENTS (BY SRI A.C. BALARAJ, ADV.,)

THIS W.P. IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD.23.3.2018 PASSE DIN O.S.NO.203/2015 ON THE FILE OF C/C.PRL.CIVIL JUDGE AND JMFC AT HOSADURGA AT ANENXURE-H.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Plaintiff is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 23.03.2018 passed on IA no.5 filed under Section 33 of the Karnataka Stamp Act, 1957 (for short, 'the Act'), in O.S.No.203/2015 by the Court of Prl. Civil Judge &

JMFC, Hosadurga.

2. Heard the learned Counsel for the parties.

3. Petitioner has filed O.S.No.203/2015 before the jurisdictional Civil Court at Hosadurga, with a prayer to direct the defendant to repay the amount of Rs.1,50,000/- with interest paid under the Agreement for Sale dated 14.08.2006 and also has sought for a relief of permanent injunction in respect of the suit schedule property. The contesting defendants have opposed the prayer made in the suit by filing detailed written statement.

4. IA no.5 was filed in O.S.No.203/2015 by the plaintiff under Section 33 of the Act read with Section 151 of CPC with a prayer to refer the agreement for sale dated 14.08.2006 to the District Registrar, Chitradurga, for the purpose of collecting deficit stamp duty and applicable penalty on the said document. The prayer made in IA no.5 was opposed by defendants by filing objections. The Trial Court vide the order impugned has rejected the said application and being aggrieved by the same, the plaintiff is before this Court.

5. Learned Counsel for the petitioner submits that petitioner has volunteered before the Trial Court to refer the instrument which is insufficiently stamped to the competent authority for the purpose of payment of deficit stamp duty and applicable penalty. Section 34 of the Act, provides for the same. He submits that whenever the said provision of law is invoked, the Court has no other option but to refer the document to the competent authority for the purpose of collecting the deficit stamp duty and penalty. In support of his arguments, he has placed reliance on the judgment of the Hon'ble Supreme Court in the case of SEETHARAMA SHETTY VS MONAPPA SHETTY -

AIR 2024 SC 5327

6. Per contra, learned Counsel for the respondent has opposed the prayer made in the writ petition and submits, that the Trial Court was justified in rejecting the application which was filed under Section 33 of the Act. The said provision of law clearly provides that whenever an instrument which is insufficiently stamped comes before the Court or any competent authority, as provided under the said provision of law, the Court or the competent authority is duty bound to impound the instrument. Accordingly, he prays to dismiss the petition.

7. According to the petitioner who is the plaintiff in O.S.No.203/2015, agreement for sale in respect of the suit schedule property