- 1 - NC: 2025:KHC:12015 WP No. 41960 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 41960 OF 2019 (GM-CPC) BETWEEN: SHRI G SRINIVASALU S/O. G.GUNDAPPA, AGED ABOUT 61 YEARS, R/AT OPP: GOVERNMENT 1ST GRADE COLLEGE, CHITRADURGA ROAD, CHALLAKERE TOWN-577 536, CHITRADURGA DISTRICT. …PETITIONER (BY SRI. NANJA REDDY P N .,ADVOCATE) AND: SHRI T VENKATESH S/O. LATE. G.R.THIPPESWAMY, MAJOR IN AGE, R/O K.E.B. COLONY, NEAR PUMP HOUSE CHALLAKERE - 577 536, CHITRADURGA DISTRICT …RESPONDENT (R1 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.07.2018 AND THE ORDER DATED 17.06.2019 IN O.S.NO.20/2017 (ANNEXURE-D) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHALLAKERE AS THE Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12015 WP No. 41960 of 2019 SAME IS ILLEGAL, ARBITRARY AND WITHOUT THE AUTHORITY OF LAW AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner who is plaintiff in O.S.No.20/2017 pending consideration on the file of Senior Civil Judge and JMFC, Challakere, (hereinafter referred to as 'Trial Court' for short) is before this Court being aggrieved by the order dated 04.07.2018, wherein the Trial Court in exercise its powers under Section 35 of the Karnataka Stamp Act, 1957 has impounded the documents called and referred to as "Compromise Agreement dated 13.10.2017" produced and marked as Ex.P3 for the purpose of payment of stamp duty and penalty and has directed the said documents to be sent to the District Registrar for the determination of stamp duty and penalty. The Trial Court has referred to Article 1, Schedule 1 of the Karnataka Stamp Act, 1957 in arriving at a conclusion that the aforesaid document at Ex.P3 partakes the character of acknowledgment of debt. - 3 - NC: 2025:KHC:12015 WP No. 41960 of 2019 2. Learned counsel for the petitioner taking this Court through the records submits that Ex.P3 which is a compromise entered into much prior to the suit being disposed of in terms of a settlement. He submits the said document is not relied upon by the petitioner, since the matter is already settled and resolved calling upon the parties to pay the stamp duty on Ex.P3 is an exercise in futility. Hence seeks for allowing of the petition. 3. Heard and perused record. 4. Section 33 of the Karnataka Stamp Act, 1957 mandates that any instrument which comes to the notice of authority or Court which is authorised to receive the document in evidence, and which is insufficiently stamped is required to be adjudicated for the payment of stamp duty and penalty. The said section does not envisaged such documents should be produced for the purpose of evidence and be relied upon. As such, the impounding of document under Section 33 of the Karnataka Stamp Act, 1957 by the Trial Court cannot be found fault with. - 4 - NC: 2025:KHC:12015 WP No. 41960 of 2019 5. Further submissions on merits as to the contents of document is concerned, the very document prima facie indicate that the same pertains to a purported loan transaction of a sum of Rs.10,00,000/- providing for the mode of payment of the same. It is under these circumstances the Trial Court has found the said document to be the one partaking the character of acknowledgement of debt as provided under Article 1, Schedule 1 of the Karnataka Stamp Act, 1957. This Court under the circumstances do not see any irregularity or illegality committed by the Trial Court in passing the impugned order dated 04.07.2018. Nonetheless since the matter is referred to the District Registrar for determination, he shall be determine the same after giving opportunity to the parties in the matter. With the above observation, petition is disposed of. SD/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 11