Sri N Manjunatha v. Sri N Kumar
Case brief
What is this about?
Karnataka HC, Art.227 writ (GM-CPC), WP 37014/2025, S.R. Krishna Kumar J., 28-01-2026 — deficit stamp duty and 10 times penalty on 12 insufficiently stamped rent/lease/shop agreements; impounding of documents; refusal to refer documents to District Registrar of Stamps, Nagarabhavi once produced before Court; memo of defendants rejected; Karnataka Stamp Act 1957 — Article 30(1)(ii), Sections 34, 35, 38(1), 39; Seetharama Shetty v. Monappa Shetty AIR 2024 SC 5327 (relied); Digambar Warty v. District Registrar ILR 2013 KAR 2099 (referred); marking of documents as Exhibits subject to open contentions on admissibility/proof/relevance/probative value; liberty to seek refund of penalty in excess of Rs.5 under Section 38(1); suit for declaration, possession, injunction — OS No.7141, I Addl. City Civil Judge Bengaluru (CCH-2).
What did the court decide?
Petition disposed of without interfering with the impugned order; petitioners directed to pay deficit stamp duty (as detailed in paragraph No.2 of the impugned order) together with 10 times penalty on 12 documents; upon payment, trial Court to mark the documents as Exhibits with admissibility/proof/relevance/probative-value contentions left open for decision at final disposal of the suit; liberty reserved to petitioners to seek refund of penalty in excess of Rs.5 under Section 38(1) of the Karnataka Stamp Act, with the competent/appropriate authorities to determine and order the refund in accordance with law.