Smt Aswathamma Vs Smt Kavitha

SRI R MUNIRAJU AGED ABOUT 38 YEARS S/O LATE M. RAMASWAMY REDDY, RESIDING AT DODDABANASAWADI KRISHNARAJAPURA HOBLI BENGALURU SOUTH TALUK NOW BENGALURU EAST TALUK REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SRI. P. THAYANNA REDDY AGED ABOUT 58 YEARS, S/O LATE PILLA REDDY R/@ DODDABANASAWADI KRISHNARAJAPURA HOBLI, BENGALURU SOUTH TALUK NOW BENGALURU EAST TALUK - 560 003

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SRI R SRIDHAR AGED ABOUT 35 YEARS S/O LATE M. RAMASWAMY REDDY RESIDING AT DODDABANASAWADI KRISHRAJAPURA HOBLI BENGALURU SOUTH TALUK

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NC: 2026:KHC:32823 WP No. 53848 of 2016

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2 -

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HC-KAR

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NOW BENGALURU EAST TALUK REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SRI. P. THAYANNA REDDY AGED ABOUT 58 YEARS, S/O LATE PILLA REDDY R/@ DODDABASANAWADI KRISHNARAJAPURA HOBLI, BENGALURU SOUTH TALUK NOW BENGALURU EAST TALUK - 560 003

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SRI R VISHWANATH AGED ABOUT 32 YEARS S/O LATE M. RAMASWAMY REDDY RESIDING AT DODDABANASAWADI KRISHRAJAPURA HOBLI BENGALURU SOUTH TALUK NOW BENGALURU EAST TALUK REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SRI. P. THAYANNA REDDY AGED ABOUT 58 YEARS, S/O LATE PILLA REDDY R/@ DODDABASANAWADI KRISHNARAJAPURA HOBLI, BENGALURU SOUTH TALUK NOW BENGALURU EAST TALUK - 560 003

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…PETITIONERS

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(BY SRI. V B SHIVA KUMAR.,ADVOCATE)

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AND:

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SMT KAVITHA SINCE DECEASED BY HER LRS

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3 - NC: 2026:KHC:32823 WP No. 53848 of 2016

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HC-KAR

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SRI AROGYARAJ MAJOR BY AGE, S/O NOT KNOWN TO PLAINTIFF, R/@ HORAMAVU VILLAGE, BASASWADI,

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BENGALURU - 560 007

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SRI.C.NAGARAJ MAJOR BY AGE, S/O CHIKKA ABBAIAH REDDY R/@ NO.113, ABBAIAH REDDY LAYOUT NEAR NEW CHURCH DODDABAASAWADI BENGALURU - 560 007

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THE DISTRICT REGISTRAR OF FIRMS SHIVAJINAGARA DISTRICT REGISTRAR TRIUMPH TOWERS NO.48, 3^RD FLOOR, CHURCH STREET, BENGALURU - 560 007

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…RESPONDENTS

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(BY SRI. SRINIVAS KUMAR M., HCGP FOR R3 VIDE ORDER DATED 26.04.2018,

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SERVICE OF NOTICE TO R1 IS DEEMED TO BE COMPLETED SRI. SURAJ SAMPATH, ADVOCATE FOR PROPOSED R2(A - D)) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17.10.2015 PASSED BY THE R-3 WHICH IS AT ANNEXURE-A, ORDER DATED 20.9.2016 PRODUCED AT ANNEXURE-B IN O.S.NO.1178/2003 PASSED BY THE IX ADDL. CITY CIVIL JUDGE, BENGALURU CITY (CCH 18) AND ETC.

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NC: 2026:KHC:32823 WP No. 53848 of 2016

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HC-KAR

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

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The petitioners are aggrieved by the rejection of their application filed before the Trial Court under Section 37(2) of the Karnataka Stamp Act (for short 'the Act'), read with Section 39 of the Act, in which the petitioners had sought for direction by the Trial Court to the Deputy Commissioner/ Deputy Registrar to consider imposition of duty and penalty on the document namely Sale Agreement dated 15.08.2001.

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2. Learned counsel for the respondents submitted copy of the Judgment of the Hon'ble Apex Court in the case of Mr.Shakeel Pasha and others v/s City Max Hotels Ltd in Civil Appeal No.2139-2140/2024 which is followed by the Co-ordinate bench of this Court in the WP No.102296 of

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2022 dated 09.08.2024 by which the Hon'ble Apex Court has clarified that the Civil Court is incompetent to direct imposition of penalty under the Act.

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