Sri a N Nagarajaiah Vs Late Nanjamma

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER, DIRECTION OR A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ORDERS, DTD.18.03.2019 AND 22.04.2019 MADE BY THE SENIOR CIVIL JUDGE AND JMFC, KOLLEGALA, ON I.A.NOS.33, 34 AND 35, IN O.S.NO.21/2011 ON HIS FILE, RESPECTIVELY MARKED AS ANNX-A, B AND C TO THIS W.P. AND ALLOW THE SAID I.As FILED BY THE PLAINTIFF/PETITIONER BY ALLOWING THIS W.P. & ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

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This petition is filed seeking following reliefs:

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"(a) Issue an Order, Direction or a Writ in the nature of Certiorari and quash the orders dated 18.03.2019 and 22.04.2019 made by the Senior Civil Judge and JMFC, Kollegala, on IA.Nos.33, 34 and 35 in O.S.No.21/2011 on his file, respectively marked as Annexures - A, B and C to this writ petition and allow the said IAs filed by the plaintiff/petitioner by allowing this Writ Petition."

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After arguing the matter at length,

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Sri.D.Srishaila, learned counsel appearing on behalf of Sri.Rajashekaharappa D.R., learned counsel for the

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petitioner filed a memo dated 16.07.2025. The memo

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reads as under:

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"1. The above Writ Petition is filed by the Petitioner, challenging the orders, dated 18.03.2019 on I.A. No.33 and I.A. No.34 and Order dated 22.04.2019 on I.A. No.35 in O.S. No.21/2011 on the file of the learned Senior Civil Judge and JMFC, Kollegala. The above Writ Petition had come-up before this Hon'ble Court on 02.07.2025 and on the request made by the counsel for the Petitioner, the matter is set down for consideration today. The order made by this Hon'ble Court on 02.07.2025 may kindly be perused. The attempt made by the Petitioner, who is the Revision Petitioner in S.A.P. No.24/2022-23 before the Chief Controlling Revenue Authority, Bengaluru (Registrar General of Stamps) to get the Revision Petition disposed-of has not yielded any positive results, because of the change of Officers. However, the Petitioner would deposit the Stamp Duty before the trial court as ordered by the District Registrar, Chamarajanagara, in Case No. Mudranka:06:2015-16, on 23.12.2019.

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2. In this backdrop the Petitioner requests this Hon'ble Court to direct the learned Senior Civil Judge and JMFC, Kollegala, before whom O.S. No. 21/2011 is pending, to get the original agreement, dated 27.06.2005 from the District Registrar, Chamarajanagara, to whom it was sent for the purpose of calculation of proper stamp duty and penalty if any on the said original agreement, dated 27.06.2005 and to continue the suit only thereafter, as without the suit document, the case of the Petitioner would be prejudiced. If the learned Trial Judge calls for the document, the Petitioner would pursue the matter before the District Registrar, Chamarajanagara, in this regard. The Petitioner further requests this Hon'ble Court to order for refund of the extra Stamp Duty and Penalty Paid, if he succeeds in the Revision Petition, before the Chief Controlling Revenue

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Authority (Registrar General of Stamps) in SAP No.24/2022-23 and necessary orders may kindly be made in this regard.

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3. In the light of what is stated above, the Petitioner requests this Hon'ble Court to dispose-of the above Writ Petition reserving liberty to him as set out in the course of this memo to meet the ends of justice."

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It is submitted that the petitioner has made a request to the trial Court to recall the impounded document dated 27.06.2005 from District Registrar, Chamarajanagara and sought stay of further proceedings of the suit till adjudication on payment of duty and penalty by the District Registrar, Chamarajanagara and sought for deferment of the case till they receive the report from the District Registrar, Chamarajanagara. It is submitted that during the pendency of this proceedings the petitioner also filed a memo dated 26.06.2025, wherein he has produced order dated 23.12.2019 passed by the District Registrar, Chamarajanagara District. Wherein the said authority calculated the requisite stamp duty and penalty and being aggrieved, the petitioner filed the revision petition which is pending adjudication before the Revisional Authority. It is

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further submitted that the Revisional Authority is taking time to adjudicate the issue with regard to stamp duty and penalty and for the said purpose the suit cannot be halted. Hence, he intends to make good the duty and penalty as per the order of the District Registrar, Chamarajanagara subject to the revision petition before the authority. Hence, he seeks to dispose of the petition in terms of the memo filed today.

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Per contra, Sri.Balagangadhar G.S., learned counsel appearing for respondent Nos.1 to 3 submits that the present writ petition has become infructuous as the applications filed by the petitioner in IA.Nos.33 to 35 was for recalling the suit document, stay of further proceedings of the suit and deferment of the proceedings in suit till adjudication takes place before the District Registrar which has taken place vide order dated 23.12.2019 by the District Registrar, Chamarajanagara and the later events has no bearing to decide the impugned orders in the writ petition. Hence, he seeks to dismiss the writ petition as

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having become infructuous. He raises objection with regard to the claim of the petitioner in the memo dated 16.07.2025 with regard to seeking liberty to refund of stamp duty and penalty paid if it is in excess, as the petitioner is paying the duty and penalty as per the memo

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by accepting the order of the District Registrar, Chamarajanagara dated 23.12.2019. Hence, question of prayer for refund would not arise. He seeks to dismiss the petition.

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I have heard the arguments of the learned counsel for the petitioner, the learned counsel for the respondents and meticulously perused the material available on record. I have given my anxious considerations to the submissions advanced on both sides.

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The petitioner is a plaintiff, who filed a suit in OS.No.21/2011, which is pending before the Court of Senior Civil Judge and JMFC, Kollegala. The said suit is for relief of specific performance of the agreement dated

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27.06.2005 and the said document has been impounded by the trial Court on the ground that it is deficiently stamped and sent to the District Registrar, Chamarajanagara. During the pendency of the proceedings of the District Registrar, the petitioner filed IA.No.33 under

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Section 151 of Code of Civil Procedure, 1908 (for short 'CPC') seeking prayer to recall the suit document dated 27.06.2005 from the District Registrar, Chamarajanagara, IA.No.34 under Section 10 r/w Section 151 of the CPC filed for stay of further proceedings till the adjudication on payment of duty and penalty on the suit document and IA.No.35 under Section 151 of CPC for deferring the adjudication of the suit till the report is received from the District Registrar, Chamarajanagara. The learned counsel for the respondent is right in his submission that the prayer sought in the petition have become infructuous in view of the passing of the order by the District Registrar, Chamarajanagara dated 23.12.2019 on the subject instrument. The District Registrar, Chamarajanagar has

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passed the order calculating the requisite stamp duty and the penalty to be paid by the petitioner. The records indicate that the petitioner thereafter, challenged the said order before the Revisional Authority under Section 53(1) of the Karnataka Stamp Act, 1957. The said revision petition in SAP No. 24/2022-23 is pending before the Revisional Authority. During the pendency of the aforesaid proceedings, petitioner has filed aforesaid memo, which is extracted supra . In my considered view, the writ petition

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is required to be disposed of in terms of the memo dated 16.07.2025 by permitting the petitioner to pay the duty and penalty as directed by the District Registrar, Chamarajanagar vide order dated 23.12.2019. It is needless to observe that if the Revisional Authority varies or modifies the order dated 23.12.2019, the petitioner is entitled for the benefit of such variation. For aforementioned reasons, I proceed to pass the following:

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ORDER

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i) The writ petition is disposed of.

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