- 1 - NC: 2025:KHC:15661 WP No. 17352 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17352 OF 2024 (GM-CPC) BETWEEN: 1. SMT. M. K. JAYALAKSHMI D/O LATE M S KUSHALAPPA AGED ABOUT 63 YEARS RESIDING AT FLAT NO H-106 NO.13/2 GRUHALAKSHMI APARTMENT S M ROAD BENGALURU 560015 …PETITIONER (BY SRI.K.L.SHREENIVASA AND SRI K.S.JAYASIMHA, ADVOCATES) AND: 1. SRI. BABU. K S/O KONAPPA AGED ABOUT 39 YEARS RESIDING AT NO.72 SRI SAI NILAYA ANJANADRI LAYOUT BABUSAB PALYA KALYANAGAR POST BENGALURU 560043 …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DTD 30.05.2024 PASSED IN OS NO. 5499/2013 PENDING ON THE FILE OF XLIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-45) BENGALURU AT ANNEXURE-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:15661 WP No. 17352 of 2024 ORAL ORDER This writ petition is filed by the defendant under Article 227 of the Constitution of India, challenging the order dated 30.05.2024 passed on IA No.10 in O.S.No.5499/2013 by the XLIV Additional City Civil and Sessions Judge, Bengaluru, whereby the application filed by the petitioner under Order 16 Rule 7 r/w. Section 151 of CPC was rejected. 2. The plaintiff filed a suit for declaration and possession. After service of summons, defendant filed the written statement. On the basis of the pleadings of the parties, the trial court framed the issues and thereafter the matter was posted for evidence. After completion of the evidence of the plaintiff, defendant adduced the evidence and she wanted to mark the documents, i.e., affidavit of the year 1981-82 and 1982-83 and the sale agreement of the year 1993-94. The trial court refused to mark the documents on the ground that the stamp duty has not been paid. The said order has not been - 3 - NC: 2025:KHC:15661 WP No. 17352 of 2024 challenged. During the course of evidence, the application was filed by the defendant under Order 16 Rule 7 of CPC to summon the District Registrar, Rajajinagar, Bengaluru for furnishing information as to the stamp duty required to be collected in respect of the affidavit and the sale agreement. If the document is insufficiently stamped or the stamp duty is not paid, the remedy for the court is to impound the same and refer the document to the Sub- Registrar to collect the stamp duty and penalty. The application filed by the petitioner to summon the District Registrar, Rajajinagar, Bengaluru for furnishing information as to the stamp duty is rightly rejected by the trial court. There is no error or illegality in the order passed by the trial court. Hence, the writ petition is rejected. At this stage, learned counsel for the petitioner/defendant submits that she may be permitted to file necessary application for impounding and refer the documents to the District Registrar for collection of stamp - 4 - NC: 2025:KHC:15661 WP No. 17352 of 2024 duty. If such an application is filed, the same may be considered, if law permits. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 30