Smt. Asha L @ Asha Chetan Kumar Vs Mr. K.A. Mohamad Ali

SMT. ASHA L @ ASHA CHETAN KUMAR AGED ABOUT 39 YEARS, W/O SHRI. CHETAN KUMAR, RESIDING AT NO.14, KHB COLONY JB KAVAL, CORPORATION WORD NO.10, KRISHNANANDA NAGAR, BEHIND POLICE QUARTERS, BENGALURU-560 096. (BY SRI. ANAND S.G. ADVOCATE) AND:

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MR. K.A. MOHAMAD ALI SON OF ABDUL KHADEER, AGED ABOUT 67 YEARS, R/AT NO.29, ERUMAPALAYAM, SALEM TAMIL NADU 636 015. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MRS. KOMALA SP. D/O SRINIVASAPURA PRAKASH, WIFE OF RAGHAVENDRA, AGED ABOUT 34 YEARS, RESIDING AT NO.36/1, II FLOOR, XI CROSS, I MAIN, I STAGE, INDIRANAGAR, BANGALORE - 560 038.

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…PETITIONER

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…RESPONDENT

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(BY SRI. ACHAPPA P.B., ADVOCATE)

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NC: 2026:KHC:5644 WP No. 36947 of 2025

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH AND SET ASIDE THE IMPUGNED ORDER DATED 01.12.2025 PASSED BY THE HONBLE LXXXVI ADDL. CITY CIVIL JUDGE AT BENGALURU (CCH-87) IN COM.O.S. NO. 945/2021 VIDE ANNEXURE-A, INSOFAR AS IT IMPOSES A COST OF RS. 500/ON THE PETITIONER AND SCHEDULES THE MATTER FOR EVIDENCE ON 08.12.2025.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioner seeks the following reliefs:

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a) Issue a writ in the nature of certiorari to quash and set aside the impugned order dated 01.12.2025 passed by the Hon'ble LXXXVI Additional City Civil Judge at Bengaluru (CCH87) in Com.O.S.No. 945 of 2021 vide Annexurea, insofar as it imposes a cost of Rs.500/- on the petitioner and schedules the matter for evidence on 08.12.2025.

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b) Issue a writ of mandamus directing the Trial Court to strictly comply with the directions issued by this Hon'ble Court in W.P.No.16385 of 2022 dated 16.09.2025 and to:

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Await receipt of the compliance certificate from

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the District Registrar regarding determination of stamp duty and penalty on the Agreement dated 03.08.2018.

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3 - NC: 2026:KHC:5644 WP No. 36947 of 2025

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HC-KAR

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Upon receipt of such certificate, proceed with

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the matter in accordance with law without any further delay.

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c) Direct the Trial Court to refund the cost of Rs.500/- illegally imposed on the petitioner vide the impugned order dated 01.012.2025.

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d) Be pleased to grant such other orders or directions as this Hon'ble Court may deem fit and proper in the interests of justice.

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Learned counsel for the petitioner submits that in the light of the order passed by this Court in the earlier round of litigation in W.P.No.16385 of 2022 (GM-CPC), the sale agreement dated 03.08.2018 was marked as Exhibit P19 and the respondents intend to rely upon the said document without paying the requisite stamp duty and penalty as calculated by the registering authorities. It is submitted that the Trial Court committed an error in directing the petitioner to proceed further with the evidence without the respondents paying requisite duty and penalty and as such, the petitioner is before this Court by way of the present petition.

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4 - NC: 2026:KHC:5644 WP No. 36947 of 2025

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HC-KAR

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Per contra, learned counsel for the respondents

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submits that the respondents upon receipt of the report from the authorities would pay the requisite stamp duty and penalty on Exhibit P19 and liberty may be reserved in favour of the respondents to recover the said amount paid by them, from the petitioners, in accordance with law.

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In view of the aforesaid facts and

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circumstances and submissions made by both sides, I deem it just and appropriate to dispose of this petition by issuing certain directions to the parties as well as to the Commercial Court. In the result, I pass the following:

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ORDER

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i) Writ Petition is hereby disposed of , without

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interfering with the impugned order.

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ii) The appropriate/competent authorities are directed

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to adjudicate/calculate the stamp duty and penalty payable by the respondent on the agreement dated 03.08.2018 as expeditiously as possible.

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NC: 2026:KHC:5644 WP No. 36947 of 2025

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HC-KAR

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iii) Liberty is reserved in favour of the respondent to appear before the authorities and make submissions as regards payment of duty and penalty, pursuant to which, the authorities shall calculate/quantify the stamp duty and penalty payable by the respondent as expeditiously as possible and submit a report in this regard to the Commercial Court as expeditiously as possible.

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iv) Immediately upon the authorities submitting a report as regards the stamp duty and penalty payable by the respondent on the said document, Exhibit P19 dated 03.08.2018, the respondent shall pay the said amount without prejudice to his rights and contentions.

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v) Liberty is reserved in favour of the respondent to take steps to recover the said amount paid by him on the said Exhibit P19, dated 03.08.2018, in accordance with law.

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HC-KAR

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vi) It is made clear that, in the event the respondent do not pay the duty and penalty on the said document, after the report submitted by the authorities, the respondent would not be entitled to place reliance upon the said document for the purpose of disposal of the suit.

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vii) All rival contentions on all aspects of the matter including Exhibit P19 are kept open and no opinion is expressed on the same.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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DH

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List No.: 1 Sl No.: 17

Smt. Asha L @ Asha Chetan Kumar v. Mr. K.A. Mohamad Ali

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Smt. Asha L @ Asha Chetan Kumar v. Mr. K.A. Mohamad Ali

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