Case brief
What is this about?
Karnataka HC (Vijaykumar A. Patil, J.), W.P. No. 3107 of 2021 (GM-CPC), decided 09.07.2026 — challenge to calculation of stamp duty and penalty in O.S.No.205/2015 (specific performance of agreement of sale dated 22.05.2007, Mysuru). Held: possession of suit schedule property never delivered under the agreement despite first-page recital; plaint silent on delivery; Registry's demand of Rs.18,79,460/- premised on delivery set aside; agreement on Rs.100/- stamp paper not in consonance with Article 5(e)(ii) Karnataka Stamp Act 1957; recalculation under Article 5(e)(ii) directed, payment within 4 weeks of intimation; order on I.A.No.4 (S.151 CPC) set aside; writ petition allowed, no costs.
What did the court decide?
Writ petition allowed; demand for duty and penalty as calculated by the Registry of the Trial Court (Order dated 18.03.2019) set aside; order on I.A.No.4 dated 18.12.2020 also set aside; Trial Court/Registry to recalculate duty and penalty under Article 5(e)(ii) of the Karnataka Stamp Act, 1957 and intimate the same to the plaintiff, who shall make good the stamp duty fee along with penalty within 4 weeks from the date of calculation and intimation; no order as to costs.