- 1 - NC: 2025:KHC:12916 WP No. 2935 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2935 OF 2024 (GM-CPC) BETWEEN: SMT. GEETHA W/O SOMASHEKHAR AGED ABOUT 36 YEARS R/AT BELLAVI VILLAGE TUMAKURU RURAL TUMAKURU DISTRICT 572104. …PETITIONER (BY SRI. RUDRAPPA P., ADVOCATE) AND: 1. SRI. HARISH .S. S/O K SHIVAIAH AGED ABOUT 46 YEARS COOLIE, R/AT D NO 1956 ADAM KHAN ROAD V.V. MARKET BACKSIDE AGRAHARA, K.R. MOHALLA MYSURU 570024. 2. SMT GOWRAMMA W/O LATE SHIVANNA AGED ABOUT 59 YEARS 3. SRI SANTHOSH KUMAR S S/O LATE SHIVANNA AGED ABOUT 34 YEARS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12916 WP No. 2935 of 2024 R1 AND R2 ARE R/AT C/O CHANDRAMMA BASAVARAJU D NO E-61, MUNIREDDY LAYOUT COMPOUND GAREPALYA, BENGALURU-560068. 4. SMT MANJULA W/O LATE SHIVANNA AGED ABOUT 55 YEARS 5. SMT VANITHA D/O LATE SHIVANNA AGED ABOUT 31 YEARS 6. SRI SUNIL S/O LATE SHIVANNA AGED ABOUT 29 YEARS R4 TO R6 ARE R/AT D. NO. 235 NEAR SINGAPUR BUS STOP VIDYARANYAPURA POST BENGALURU 560079. …RESPONDENTS (BY SRI. NANJUNDA SWAMY N., ADVOCATE FOR R1: NOTICE TO R2 TO R6 ARE DISPENSED WITH V/O DATED: 26.03.2025: SMT. ANITHA N, AGA FOR STATE V/O DATED: 26.03.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, AT MYSURU, DATED: 28.08.2023 IN O.S.NO.482/2017 PRODUCED AT ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - NC: 2025:KHC:12916 WP No. 2935 of 2024 ORAL ORDER Since the matter involves the stamp duty, learned AGA is directed to take notice for the State. 2. This writ petition is filed by defendant No.3 under Article 227 of the Constitution of India, challenging the order dated 28.08.2023 passed on IA No.6 in O.S.No.482/2017 by the Senior Civil Judge and CJM, Mysuru filed by defendant No.3 under Section 34 of the Karnataka Stamp Act, whereby the application has been rejected. 2. The plaintiff filed a suit for specific performance of the contract dated 11.09.2014. On the agreement of sale dated 11.09.2014, stamp duty was paid at Rs.300/- instead of Rs.500/-. The trial court has given a finding that there is a deficit stamp duty of Rs.200/-. Instead of impounding the document, i.e., agreement of sale dated 11.09.2014 dismissed the application. 3. Now, the learned counsel appearing for the respondent No.1/plaintiff contended that the deficit of - 4 - NC: 2025:KHC:12916 WP No. 2935 of 2024 stamp duty is at Rs.200+penalty of 10 times, i.e., Rs.2,200/- and he is ready to pay the same. 4. The learned AGA appearing for the State submitted that, if the party is ready to pay the deficit stamp duty, the same will be accepted. 5. In view of the peculiar facts and circumstances of the case, I am of the opinion that the plaintiff may be permitted to pay the deficit stamp duty of Rs.2,200/- 6. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 28.08.2023 passed on IA No.VI in O.S.No.482/2017 by the Principal Senior Civil Judge and CJM, Mysuru is set aside. (iii) IA No.VI filed by defendant No.3 under Section 34 of Karnataka Stamp Act is allowed. - 5 - NC: 2025:KHC:12916 WP No. 2935 of 2024 (iv) The plaintiff is permitted to withdraw the agreement dated 11.09.2014 and approach the District Registrar for payment. After payment of Rs.2,200/- deficit stamp duty, produce the acknowledgment to the trial court. On production of the acknowledgment, the trial court is directed to proceed further in the matter. (v) The trial court is directed to dispose of the suit as expeditiously as possible. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM