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NC: 2026:KHC:19019 WP No. 10301 of 2026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

WRIT PETITION NO.10301 OF 2026 (GM-CPC)

BETWEEN:

1. SRI. V. PADMANABHAIA S/O LATE VENKATASWAMAPPA

AGED ABOUT 70 YEARS R/AT NO.22, 8TH MAIN ROAD

SAMPANGIRAMANAGARA BANGALORE-560027

REP. BY HIS GENERAL POWER OF ATTORNEY SRI. NAGARAJA REDDY T.K.

S/O KRISHNA REDDY AGED ABOUT 50 YEARS

R/AT THIRUPALYA, BOMMASANDRA INDUSTRIAL ESTATE

ANEKAL, BANGALORE-560099.

Digitally signed by …PETITIONER DHANALAKSHMI MURTHY (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE)

Location: HI GH AND:

COURTOF KARNATAKA

1. SRI KALYAN B. BADAMI S/O BASAPPA

AGED ABOUT 43 YEARS NO.270, RENUKA NILAYA 3RD CROSS, 3RD BLOCK JNANABHARATHI LAYOUT

VOLAGEREHALLI, NEAR ANJANEYA TEMPLE DUBASIPALYA, R.V.C.E. POST

BANGALORE-560059.

…RESPONDENT (BY SRI. B.C.VENKATESH, ADVOCATE FOR C/R)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED:09.04.2025 ONLY TO THE EXTENT OF THE ORDER PASSED ON I.A NO. IV IN O.S NO.8381/2023 ON THE FILE OF THE XVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-12) (ANNEXURE-E) AND TO SET ASIDE DATED.13.02.2026 PASSED ON I.A NO. VII IN O.S. NO.8381/2023 ON THE FILE OF THE XVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-12) (ANNEXURE-Q), ALLOW THE APPLICATION IN I.A NO. VII FILED UNDER SECTION 114 OF THE CODE OF CIVIL PROCEDURE IN II IN O.S NO.838/2023 ON THE FILE OF THE XVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-12) (ANNEXURE-M) AND TO MODIFY THE ORDER DATED 09.04.2025 AND REFER THE UNREGISTERED GPA DATED 14.12.2023 (ANNEXURE-E) TO THE CONCERNED AUTHORITY FOR CALCULATION/ DETERMINATION OF DUTY AND PENALTY AS PER THE

PROVISIONS OF THE KARNATAKA STAMP ACT.

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

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

This writ petition is filed by the plaintiff under Article

227 of the Constitution of India, challenging the order dated 09.04.2025 passed by the XVI Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as

“the trial Court”) on I.A. No.4 in O.S. No.8381/2023.

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2. For the sake of convenience, the parties are

referred to in accordance with their ranking before the trial

court.

3. The plaintiff instituted a suit in O.S. No.8381/2023

seeking an order of injunction. The plaintiff, who is represented by a GPA holder, has produced the General Power of Attorney along with the plaint. The trial court impounded the said document under Sections 33 and 35 of the Karnataka Stamp Act, 1957, and proceeded to

determine and impose stamp duty along with penalty. 4. Aggrieved by the said order, the plaintiff filed an

application in I.A. No.VII under Section 114 read with Section 151 of the Code of Civil Procedure (for short, “CPC”), seeking review of the order dated 09.04.2025 passed on I.A. No.4. The said application also came to be

rejected on 13.02.2026.

5. The Apex Court, in SEETHARAMA SHETTY VS.

MONAPPA SHETTY, reported in AIR 2024 SC 5327, has

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held that the trial court has no authority to determine the stamp duty and penalty. It is observed that, under the provisions of the Karnataka Stamp Act, 1957, such documents are required to be referred to the competent authority, namely, the District Registrar. The relevant

portion of the judgment is extracted below: “ 21.8. The scheme does not prohibit a party

to a document to first invoke directly the jurisdiction of the District Registrar and present the instrument before Court/Every Person after complying with the requirement of duty and penalty. In such an event, the available objection under Sections 33 or 34 of the Act is erased beforehand. The quantum of penalty is primarily between the authority/