High Court disposed of a writ petition challenging a trial court order that allowed defendants to produce unregistered agreements. The Court clarified that while marking documents does not cure defects, the plaintiff retains the right to agitate stamp duty issues at final disposal.
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.
- 1 - NC: 2024:KHC-D:5969 WP No. 101849 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF APRIL, 2024 BEFORE
THE HON'BLE MR JUSTICE RAVI V.HOSMANI WRIT PETITION NO. 101849 OF 2024 (GM-CPC)
BETWEEN:
SHRI SHIVANAND MUNGARWADI, S/O. SHANKARAPPA MUNGARWADI, AGED ABOUT 60 YEARS, OCC: BUSINESS, RESIDING AT PLOT NO. 67, II STAGE, CHANNAMMA NAGAR, BELAGAVI, PIN: 590 006.
…PETITIONER
(BY SRI SURAJ S.MUTNAL, ADVOCATE)
AND:
M/S R.N. HATTARAKI, A PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNERS:
OCC: BUSINESS,
CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed byCHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.04.02 14:56:51 +0530
BOTH RESIDING AT: HALAKARNI VILLAGE, TALUK: GADHINGLAJ, DISTRICT: KOLHAPUR-416 506.
…RESPONDENTS
(BY SRI C.S. SHETTAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER DIRECTION TO SET ASIDE THE ORDER PASSED BY HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AT BELAGAVI PASSED ON I.A NO. 4 UNDER ORDER VIII RULE 1-A DATED: 13.12.2023 IN O.S.NO.
336/21 PRODUCED AS ANNEXURE-N, AND ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER DIRECTION TO SET ASIDE THE ORDER PASSED BY HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE AT BELAGAVI DATED: 09.02.2024 IN O.S. NO.336/2021 PASSED ON SUFFICIENCY OF STAMP DUTY WITH RESPECT TO AGREEMENT DATED 17.04.1997 AND 12.03.1998 PRODUCED AS ANNEXURE-Q.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed seeking for following reliefs:
a. Issue a writ of nature of certiorari or any other direction to set aside the order passed by Hon’ble Principal Senior Civil Judge and Chief Judicial Magistrate at Belagavi passed on I.A.no. 4 under Order VIII rule 1-A dated: 13.12.2023 in O.S.no.336/21 produced as Annexure-N, and issue writ in the nature of certiorari or any other direction to set aside the order passed by Hon’ble Principal Senior Civil Judge and Chief Judicial Magistrate at Belagavi dated: 09.02.2024 in O.S.no.336/2021 passed on sufficiency of stamp duty with respect to agreement dated 17.04.1997 and 12.03.1998 produced as Annexure-Q.
Magistrate, Belagavi. Said suit was filed for recovery of mesne profits. In said suit, defendants sought to rely upon two agreements dated 17.04.1997 and 12.03.1999 respectively produced as Annexures-S and S1. It was submitted agreements being unregistered and under stamped, petitioner raised objection against their marking and under impugned order, trial Court heard parties on objection and ordered that deeds were duly stamped and do not violate Section 17 or 49 of Registration Act. It was submitted said deeds though termed as agreements were infact lease deeds requiring compulsory registration and payment of stamp duty even though they do not indicate such compliance, order impugned would be unsustainable and sought for quashing.
of documents and petitioner’s apprehensions were ill-found. It was submitted that this Court under similar circumstances in W.P.no.105876/2022 disposed of on 26.02.2024 had after appreciating circumstances held power to impound documents would not be available after marking and legality of documents would require to be tested at time of final disposal of suit.
record.
of.
Sd/JUDGE
CLK
List No.: 1 Sl No.: 8
2 issues framed by the court
Whether the writ court can set aside the trial court's order permitting defendants to produce and mark unregistered and under-stamped documents without interfering in the final disposal of the suit.
Whether the trial court's observations regarding stamp duty compliance will bar the plaintiff from raising objections during final arguments.
Colour shows how this judgement treated each authority
W.P.no.105876/2022Referred¶29
Shri Shivanand Mungarwadi
M/s R.N. Hattaraki
Ravi V.Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
