Sri P Govindaraj vs Sri N Nanjundaswamy on 5 October, 2020

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Karnataka High Court

Sri P Govindaraj vs Sri N Nanjundaswamy on 5 October, 2020

Bench: Krishna S.Dixit

                          1

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 5TH DAY OF OCTOBER, 2020

                       BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.9653 OF 2020 (GM-CPC)

BETWEEN:
SRI P GOVINDARAJ,
AGED ABOUT 40 YEARS,
S/O LATE POTHRAJ GOWDA,
R/AT NO.452/453,
SIDDARTHA LAYOUT, SANMARGA,
NAZARABAD MOHALLA,
MYSURU - 570010.
                                       ...PETITIONER
(BY SRI. SHIVARAMA BHAT O, ADVOCATE)

AND:

1. SRI N NANJUNDASWAMY,
   S/O LATE NANJAPPA,
   AGED ABOUT 66 YEARS,
   R/AT NO. 673, NEW NO.1431,
   SRI BASAVESHWARA AND
   MAHADESHWARA TEMPLE,
   T.N. PURA MAIN ROAD,
   NAZARBAD MOHALLA,
   MYSURU - 570010.

2. SRI MAHADEVAPPA,
   S/O LATE NANJAPPA,
   AGED ABOUT 61 YEARS,
   R/AT NO. 673, NEW NO.1431,
   SRI BASAVESHWARA AND
   MAHADESHWARA TEMPLE,
   T.N. PURA MAIN ROAD,
   NAZARBAD MOHALLA,
   MYSURU - 570010.
                                 2

3. SRI N. BASAVARAJU,
   S/O LATE NANJAPPA,
   AGED ABOUT 54 YEARS,
   R/AT NO.673, NEW NO.1431,
   SRI BASAVESHWARA AND
   MAHADESHWARA TEMPLE,
   T.N. PURA MAIN ROAD, NAZARBAD MOHALLA,
   MYSURU - 570010.
                                   ...RESPONDENTS
     THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 29.06.2020 PASSED ON I.A.NO.4 FILED
UNDER SECTION 34 OF KARNATAKA STAMP ACT IN
O.S.NO.1210/2014 ON THE FILE OF THE FIRST
ADDITIONAL FIRST CIVIL JUDGE AND JMFC, MYSURU AND
ETC.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY THROUGH VIDEO CONFERENCE, THE
COURT MADE THE FOLLOWING:

                            ORDER

Petitioner being the defendant in an Injunctive Suit in O.S.No. 1210/2014 is knocking at the doors of Writ Court for laying a challenge to the order dated 29.06.2020, a copy whereof is at Annexure-A whereby, learned I Additional Civil Judge and JMFC, Mysuru, having favoured plaintiffs' application in IA No.4 filed under Section 34 of Karnataka Stamp Act, 1957, has permitted them to make good deficit stamp duty with admissible penalty thereon as a precondition for admitting the document in question to evidence.

2. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court declines to grant indulgence in the matter for the following reasons:

a) the provisions of Chapter IV of the Act regulate the payment of deficit stamp duty along with penalty ten times of the deficit to make the document admissible in evidence and that the same is not subjected to impoundment, otherwise;

the subject unregistered document having been discovered to be not duly stamped, the learned judge of the Court below has made the impugned order on the application of the plaintiffs' side; it is un-understandable as to how the petitioner - defendant has a locus standi to challenge such an order which is made to serve the fiscal interest of the State and not the individual interest of the citizen, the arguable defects therein, notwithstanding; how the petitioner is legally aggrieved by the impugned order is not forthcoming despite all the endeavors made at the Bar; and,

b) the contention of the learned counsel for the petitioner that the subject document being unregistered, cannot be admitted to evidence for want of registration 4 keeping in view the provisions of Section 53-A of the Transfer of Property Act, 1882, read with Section 49 of the Registration Act, 1908, can be taken care off by the learned trial judge after the subject document suffers duty & penalty in terms of impugned order.

In view of the above and with the observations as well, this writ petition is disposed off, keeping open all contentions of the parties as to the execution of the document and it's otherwise admissibility.

Sd/-

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