IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

WRIT PETITION NO. 31708 OF 2025 (GM-CPC)

BETWEEN:

SMT. SARASWATHI

W/O LATE SRI. T K DHARANESHA,

AGED ABOUT 53 YEARS

R/O TAMALAPURA VILLAGE,

KASABA HOBLI,

HASSAN TALUK AND DISTRICT - 573 201.

…PETITIONER

(BY SRI. N S BHAT.,ADVOCATE)

AND:

1. SMT. RAMAMANI

W/O PUTTARAJU,

AGED ABOUT 57 YEARS,

R/O KORAGADALU KOPPALU,

ALUR TALUK,

Digitally signed

by SUMA B N HASSAN DISTRICT - 573 201.

L H o I c G a H ti o C n O :

URT

OF 2. SMT. T K PREMA

KARNATAKA

W/O H R ANNASWAMY,

AGED ABOUT 55 YEARS,

R/O NO. 1518, SALAGAME ROAD,

HASSAN - 573 211.

3. SMT. NAGARATHNA

W/O LAXME GOWDA

R/O NORTHERN EXTENSION,

HASSAN - 573 201.

4. H.D. BHAGYA W/O K.T. DHARANESH

5. T.D. CHANDAN S/O K.T. DHARANESH BOTH ARE R/AT C/O H.S. DODDAIAH

3^RD CROSS, VALLABAI ROAD HASSAN - 573 201.

6. SRI KRISHNEGOWDA S/O LATE T.T. KARI GOWDA AGED ABOUT 73 YEARS, R/O NEAR CHRISTIAN CONVENT, BESIDES RING ROAD, HASSAN - 573 201.

7. SRI VINAY GANDHI S/O LATE T.T. KARI GOWDA, AGED ABOUT 61 YEARS, GANDHI LAW CHAMBER NO.170, VCN COMPLEX, 1^ST MAIN, SHESHADRI PURAM, BANGALORE - 560 020.

8. SMT. SHANTHA LAXMI @ SHANTHAMMA AGED ABOUT 67 YEARS W/O SANJEEVA GOWDA, R/O HEMAVATHI NAGAR OPP. YATHINDRA CONVENT, HASSAN - 573 201.

9. DYAVAMMA D/O T.T. KARIGOWDA W/O LATE THIMMEGOWDA, AGED ABOUT 71 YEARS, R/O MACHANAHALLY, KASABA HOBLI, HASSAN TALUK - 573 201.

…RESPONDENTS (BY SMT. SRUTI CHAGANTI.,ADVOCATE FOR C/R3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ALLOW THIS MEMORANDUM OF WRIT PETITION AND TO SET ASIDE ON ORDER DATED 30-06-2025 ON 1.A.NO.47 UNDER SECTION 151 OF CPC PASSED BY THE COURT OF II ADDL. SENIOR CIVIL JUDGE AND JMFC, HASSAN INO.S.NO.3/2010 AS PER ANNEXURE-G AND CONSEQUENTLY TO ALLOW 1.A.NO.47 FILED BY THE PETITIONER UNDER SECTION151 OF CPC INO.S.NO.3/2010 AS PRAYED FOR AND TO PERMIT THE PETITIONER TO PAY THE DEFICIT STAMP DUTY OF RS.2,750/- ON THE UNREGISTERED PARTITION DEED DATED- 23-10-1993 AND ETC.

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

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This petition is filed by the petitioner who is defendant No.2(a) before the trial Court questioning the orders passed on IA No.47 filed under Section 151 CPC in O.S No.3/2010 before the II Additional Senior Civil Judge JMFC at Hassan.

3. Parties to the proceedings shall be referred to as per their status before the trial Court as plaintiff and defendant for the sake of brevity.

4. The plaintiffs had filed suit for partition and separate possession and for other consequential reliefs. During the pendency of the suit, defendant No.2 passed away and the legal representatives of defendant No.2 are brought on record. The evidence has been adduced by both the plaintiffs and the defendants and thereafter an application was filed by the present petitioner/defendant No.2(a) seeking permission to pay the deficit stamp duty of ₹2,750/-, as paid on the unregistered partition deed dated 08.11.1996 in O.S No. 257/2005, in the present suit as well on the unregistered partition deed dated 23.10.1993. This application was contested by the plaintiffs and the trial Court dismissed the application by the impugned order and a direction was given to the defendant No.2(a) to pay the deficit stamp duty and penalty on the unregistered partition deed dated

23.10.1993. It is this order that is questioned by the petitioner/defendant No.2(a) in this petition.

5. It is the vehement contention of learned counsel for the petitioner/defendant No.2(a) that the impugned order is perverse, illegal and arbitrary and the trial Court has not taken into consideration the earlier order dated 30.09.2024 wherein it permitted the petitioner herein to pay stamp duty and penalty of a sum of ₹ 2,750/- towards the unregistered partition deed dated 08.11.1996 which was