The Karnataka High Court disposed of a writ petition challenging an order rejecting a stamp duty application in a suit for specific performance. Since the respondents agreed to pay the requisite stamp duty as per the agreement, the court did not proceed further.
The writ petition was disposed of as the respondents agreed to pay the requisite stamp duty.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF APRIL, 2022
BEFORE
THE HON’BLE MR. JUSTICE E.S.INDIRESH
W.P. NO.2750 OF 2022 (GM-CPC)
BETWEEN
1 . SMT. K N SHOBHA W/O LATE H S MANJUNATH AGED ABOUT 51 YEARS
2 . SHRI H M HARSHA SON OF LATEH H S MANJUNATH AGED ABOUT 29 YEARS
BOTH ARE R/AT NO.19, 2ND MAIN ROAD, BLOCK NO.10, 9TH CROSS, NEAR RAJKUMAR ROAD, SHAKTHI NAGAR MYSURU - 570 029
BOTH ARE PRESENTLY R/AT C/O SRI. H S NAGARAJU NO.82, HINDUMARANAHALLY VILLAGE DABBEGATTA POST AND HOBLI TURUVEKERE TALUK TUMKRU DISTRICT - 572227
...PETITIONERS
(BY SMT. PARVATHY R NAIR, ADVOCATE FOR SRI UDITA RAMESH, ADVOCATE)
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AND
1 . SHRI S KRISHNAPPA S/O LATE SHIVANNA AGED ABOUT 58 YEARS R/AT NO.242 MATHRUSHRI NILAYA TAVAREKERE VILALGE KASABA HOBLI, TURUVEKERE TALUK TUMKUR DISTIRICT - 572227
ALSO AT NO. 226, 8TH CROSS WARD NO.15, NIMISHAMBA NAGARA NEAR VIVEKANANDA CIRCLE MYSURU - 570023
2 . SMT. H M SUPRIYA D/O LATE H S MANJUNATH AGED ABOUT 22 YEARS NO.19, 2ND MAIN ROAD, BLOCK NO.10, 9TH CROSS NEAR RAJKUMAR ROAD, SHAKTHI NAGAR MYSURU - 570 029
PRESENTLY R/AT FLAT NO.21, IV CROSS BAPUJI LAYOUT VIJAYANAGAR BENGALURU - 560 040
….RESPONDENTS (BY SRI D S MANJEGOWDA, ADVOCATE FOR C/R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 07.01.2022 REJECTING IA NO.7 IN O.S.NO.7 OF
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2018 ANNEXURE-F PASSED BY THE SENIOR CIVIL JUDGE AND JMFC HOLENARASIPURA AND GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCE OF THE CASE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed by the defendants in Original Suit No.7 of 2018 on the file of Senior Civil Judge and JMFC, Holenarasipura, challenging the order dated 07.01.2022, rejecting IA.VII filed under Section 34 of the Karnataka Stamp Act, 1957.
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the material on record, by order dated 07.01.2022 dismissed the application and feeling aggrieved by the same, the defendants have presented this writ petition.
Manager & Another reported ILR 2015 KAR 1954 and submitted the finding recorded by the trial Court is without considering the said provisions of law.
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Sd/JUDGE
SB
2 issues framed by the court
Whether the writ petition challenging the rejection of the stamp duty application ought to be decided on merits given the respondents' willingness to pay the duty.
Whether Article 5(e)(ii) of the Karnataka Stamp Act requires payment of court fee even where possession has not been delivered.
Colour shows how this judgement treated each authority
C.N. R.C. Savithramma v. Sankari Co-operative Bank Ltd.Referred¶30
C.N. R.C. Savithramma v/s M/s.Vijaya Bank, rep. by its Manager & Another reported ILR 2015 KAR 1954 · Who else cites this
3 provisions across 2 enactments
Smt. K N Shoba
Shri H M Harsha
Shri S Krishnappa
Smt. H M Supriya
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
