- 1 - NC: 2025:KHC:10810 WP No. 5734 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5734 OF 2025 (GM-CPC) BETWEEN: SRI B C KRISHNAMURTHY S/O LATE CHIKKEGOWDA AGED ABOUT 60 YEARS R/AT NO. 322, 8TH CROSS GUTTE PALYA SIDDAPURA EXTENSION JAYANAGARA, 1ST BLOCK BENGALURU 560 011. …PETITIONER (BY SRI. HAREESH KUMAR N T., ADVOCATE) AND: 1. SMT MANJULA D/O ALTE NARASIMHAMURTHY W/O MANJUNATH B C AGED ABOUT 49 YEARS 2. SANDHYA D/O MANJUNATH B C AGED ABOUT 32 YEARS 3. SINDHU D/O MANJUNATH B C AGED ABOUT 30 YEARS 4. BINDU D/O MANJUNATH B C AGED ABOUT 28 YEARS R1 TO R4 ARE R/AT NO. 83 BADAGODAMMA STREET TANK ROAD, NAGAMANGALA TALUK MANDYA DISTRICT-571432. …RESPONDENTS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10810 WP No. 5734 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED SEIOR CIVIL JUDGE AND JMFC AT NAGAMANGALA IN O.S. NO. 08 OF 2018, DATED 30-11-2024 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner-planitiff challenging the order dated 30.11.2024 passed by the Senior Civil Judge and JMFC, Nagamangala in O.S.No.08/2018, whereby the Trial Court has directed the plaintiff to pay the stamp duty of Rs.47,385/- on the basis of the report submitted by the District Registrar, Mandya on disputed document dated 06.07.2015. 2. Learned counsel for the petitioner-plaintiff has submitted that the trial Court has no right to determine the stamp duty payable on an unregistered document. - 3 - NC: 2025:KHC:10810 WP No. 5734 of 2025 Only the District Registrar has the authority to determine the same. Therefore, the direction of the trial Court to pay stamp duty of Rs.47,385/- is without authority of law. 3. As per the impugned order, it is clear that the District Registrar, Mandya, has submitted the report on the disputed document dated 06.07.2015 and determined that the deficit stamp duty is Rs.47,385/-. Based on the report submitted by the District Registrar, Mandya, the trial Court has directed the plaintiff to pay stamp duty of Rs.47,385/- plus penalty of Rs.4,73,850/-, totaling Rs.5,21,235/-. 4. At this stage, the learned counsel for the petitioner has submitted that the petitioner may be permitted four weeks' time to pay the stamp duty. 5. In view of the above, the writ petition is disposed of. - 4 - NC: 2025:KHC:10810 WP No. 5734 of 2025 6. The petitioner-plaintiff is directed to pay the stamp duty plus penalty of Rs.5,21,235/- within four weeks from today before the trial Court. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 13