Karnataka High Court
Sri M Purushotham vs Smt Bhudevamma on 5 April, 2022
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
REVIEW PETITION NO.409 OF 2021
BETWEEN:
1. SRI M PURUSHOTHAM,
S/O LATE M NARASAIAH NAIDU,
AGED ABOUT 61 YEARS,
SENIOR CITIZEN BENEFIT NOT CLAIMED
2. SRI M PATTABHI,
S/O LATE M NARASAIAH NAIDU,
AGED ABOUT 54 YEARS,
3. SRI N SURESH,
S/O LATE M NARASAIAH NAIDU,
AGED ABOUT 48 YEARS,
4. SRI M RAVI BABU,
S/O LATE M NARASAIAH NAIDU,
AGED ABOUT 46 YEARS,
5. SRI M JANARDHAN,
S/O LATE M NARASAIAH NAIDU,
AGED ABOUT 44 YEARS,
ALL ARE PRESENTLY R/AT NO.736,
18TH CROSS, 9TH MAIN, BSK 2ND STAGE,
BANGALORE 560 070.
...PETITIONERS
(BY SRI. PRASANNA KUMAR C S, ADVOCATE)
AND:
1. SMT. BHUDEVAMMA,
W/O LATE P V SURYANARAYANA,
AGED ABOUT 71 YEARS,
NO.4, 3RD CROSS, KEMPEGOWDA MAIN ROAD,
VIRUPAKSHAPURA, TELECOM LAYOUT,
KODIGEHALLI (NEAR VENUGOPAL FLOOR MILLS)
BANGALORE 560 097.
2
2. SMT. SUSHEELAMMA,
W/O S. R. SRINIVAS,
D/O LATE P. V. SURYANARAYANA,
AGED ABOUT 54 YEARS,
NO.310/2-3, 2ND MAIN, 23RD CROSS,
6TH BLOCK, JAYANAGAR,
BANGALORE 560 082.
3. SMT. VIJAYALAKSHMI,
D/O SRI S R SRINIVAS,
G/D SRI P V SURYA NARAYANA,
AGED ABOUT 31 YEARS,
NO.310/2-3, 2ND MAIN, 23RD CROSS,
6TH BLOCK, JAYANAGAR,
BANGALORE 560 082.
4. SMT. ANITHA,
D/O SRI S R SRINIVAS,
G/D SRI P V SURYA NARAYANA,
AGED ABOUT 29 YEARS,
NO.310/2-3, 2ND MAIN, 23RD CROSS,
6TH BLOCK, JAYANAGAR,
BANGALORE 560 082.
5. SRI. PRASANNA KUMAR,
S/O SRI S. R. SRINIVAS,
GRAND S/O OF SRI P V SURYA NARAYANA,
AGED ABOUT 30 YEARS,
NO.310/2-3, 2ND MAIN,
23RD CROSS, 6TH BLOCK, JAYANAGAR
BANGALORE 560 082
6. SRI. P. S. PURUSHOTHAM,
S/O LATE SRI. P V SURYA NARAYANA,
AGED ABOUT 51 YEARS,
NO.4, 3RD CROSS,
KEMPEGOWDA MAIN ROAD,
VIRUPAKSHAPURA, TELECOM LAYOUT,
KODIGEHALLI(NEAR VENUGOPAL FLOUR MILLS)
BANGALORE 97.
7. SRI. P. S. YAYATHI,
S/O LATE SRI. P. V. SURYANARAYANA,
R/O LAKKAPPA BUILDING,
NEAR ARALIKATTE, GYANAPPANA HALLI,
BEGUR POST, BANGALORE 560 068.
3
8. SRI. MANJUNATH,
S/O SRI. P. S. YAAYTHI,
AGED ABOUT 17 YEARS,
R/AT LAKKAPPA BUILDING,
NEAR ARALIKATTA, GYANAPPA HALLI,
BEGUR POST, BANGALORE 560 068.
MINOR R/BY THEIR FATHER AND
N/G SRI. P. S. YAYATHI,
S/O LATE P. V. SURYANARAYANA,
THE RESPONDENT NO.7,
9. KUM. SATHYAVATHI,
D/O P S YAYATHI,
AGED ABOUT 13 YEARS,
R/AT LAKKAPPA BUILDING,
NEAR ARALIKATTE, GYANAPPA HALLI,
BEGUR POST, BANGALORE 560 068.
MINOR REP BY THEIR FATHER AND N/G
SRI. P. S. YAYATHI S/O LATE P. V. SURYANARAYAN,
THE RESPONDENT NO.7.
10. SRI. P. S. DAMODARA,
S/O LATE P. V. SURYANARAYANA,
AGED ABOUT 48 YEARS,
R/AT NO.4, 3RD CROSS,
KEMPEGOWDA MAIN RD,
VIRUPAKSHAPURA, TELECOM,
LAYOUT KODIGE HALLI,
(NEAR VENUGOPALA FLOUR MILLS)
BANGALORE 560 097.
11. KUM. DHANUSHRI,
D/O SRI. P. S. DHAMODHAR,
AGED ABOUT 9 YEARS,
R/AT NO.4, 3RD CROSS,
KEMPEGOWDA MAIN RD,
VIRUPAKSHAPURA, TELECOM LAYOUT,
KODIGE HALLI (NEAR VENUGOPALA FLOUR MILLS)
BANGALORE 560 097.
MINOR R/BY HER FATHER RESPONDENT NO.10,
P S DAMODARA S/O LATE P V SURYANAR.
12. SMT. P. S. VASANTHA,
D/O LATE SRI. P. V. SURYANARAYANA,
W/O SRI K S RAJENDRA KUMAR,
AGED ABOUT 34 YEARS,
R/AT NO.1, 3RD CROSS, SUBBANNA PALYA,
BANASWADI ROAD, BANGALORE 560 033.
4
13. KUM. ROOPA,
W/O SRI K S RAJENDRA KUMAR,
AGED ABOUT 17 YEARS,
R/AT NO.1, 3RD CROSS,
SUBBANNA PALYA, BANASWADI ROAD,
BANGALORE 560 033.
R/BY HER MOTHER AND N /G
RESPONDENT NO.12,
P S VASANTHA,
14. KUM. AISHWARYA,
W/O SRI. K. S. RAJENDRA KUMAR,
AGED ABOUT 13 YEARS,
R/AT NO.1, 3RD CROSS,
SUBBANNA PALYA, BANASWADI ROAD,
BANGALORE 560 033.
R/BY HER MOTHER AND N /G
RESPONDENT NO.12
P S VASANTHA
15. SRI. P. S. UGENDRA,
S/O LATE SRI. P. V. SURYANARAYANA,
AGED ABOUT 39 YEARS,
NO.4, 3RD CROSS, KEMPEGOWDA MAIN ROAD,
VIRUPAKSHAPURA, TELECOM LAYOUT,
KODIGEHALLI (NEAR VENUGOPALA FLOUR MILLS)
BANGALORE 560 097.
16. STATE OF KARNATAKA,
REVENUE DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU 560 001.
REP BY ITS CHIEF SECRETARY.
... RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AGA FOR R16;
NOTICE TO R-1 TO R15 IS D/W, V.C.O DATED 04.01.2022)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
AND ORDER XLVII RULE 1 OF CODE OF CIVIL PROCEDURE,
PRAYING TO REVIEW ITS FINAL ORDER DATED 14/09/2021
PASSED IN W.P.NO.7810/2021(GM-CPC) AND ALLOW THE
WRIT PETITION AND PASS SUCH OTHER ORDERS AS MAY BE
NECESSARY IN THE FACTS AND CIRCUMSTANCES OF THE
CASE AND IN THE INTEREST OF JUSTICE AND EQUITY.
THIS REVIEW PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:-
5
ORDER
This petition arises under Chapter IV of the Karnataka Stamp Act, 1957 in view of subject document having been found deficitly stamped. Petitioners appear to have already made good the deficit stamp duty along with its ten times penalty, provided under Section 33 of the Act.
2. Petitioners had sought for sending of the subject document along with the amount collected by way of deficit stamp duty and the penalty to the Deputy Commissioner under Section 37 of the 1957 Act. However, this matter was disposed off in the light of decision of this Court in W.P. No.7810/2021 decided on 14.09.2021 wherein some other issues were considered, the questions raised by the petitioners having been left unattended. Thus, there is an error apparent on the face of the record and therefore, petitioners are right in seeking review of the judgment in question.
3. Having heard the learned counsel for the parties and having perused the petition papers, this court is inclined to allow the review petition and to 6 dispose off the writ petition itself with a direction to the Court below to send the document in question along with remittances by way of deficit stamp duty & the penalty to the Deputy Commissioner for being treated under the provisions of Section 37 & 38 of the 1957 Act.
Ordered accordingly, W.P stands disposed off, costs having been made easy.
Sd/-
JUDGE Bsv