- 1 - NC: 2025:KHC:6355 WP No. 20856 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 20856 OF 2024 (GM-CPC) BETWEEN: SHRI JIJESH V S/O VIJAYAN AGED ABOUT 41 YEARS NO. 1099, 5TH CROSS 12TH A MAIN, H A L 2ND STAGE BENGALURU-560 038. …PETITIONER (BY SRI. VINAY N.,ADVOCATE) AND: 1. LATE SMT. REVATI NARAYANAN (SINCE DEAD BY LRS) MAJ.GEN.K.NARAYANAN S/O LATE V S KRISHNAN AGED ABOUT 58 YEARS R/AT C1/10,HUMAYUN ROAD NEAR KHAN MARKET METRO STATION NEW DELHI 110003. 2. MS. ROHINI NARAYANAN D/O MAJ. GEN. K. NARAYANAN AGED ABOUT 22 YEARS R/AT C1/10, HUMAYUN ROAD NEAR KHAN MARKET METRO STATION NEW DELHI 110003 …RESPONDENTS (BY SRI.V S SANJAY., ADVOCATE FOR RESPONDENTS) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6355 WP No. 20856 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS DATED: 28.05.2024 PASSED ON I.A.NO. 7 (PRODUCED AT ANNEXURE-G) AND 11.06.2024 PASSED ON STAMP DUTY PAYABLE ON ORIGINAL LEASE DEED DATED: 01.04.2017 (PRODUCED AT ANNEXURE-H) PASSED BY THE COURT OF THE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (COMMERCIAL COURT) (CCH-84) IN COM.O.S.NO. 1575/2022 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 ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the defendant, challenging order dated 11.06.2024 passed on the stamp duty payable on original lease deed dated 01.04.2017 by the LXXXIII Additional City Civil and Sessions Judge, Commercial Court, Bengaluru in Com.O.S.No.1575/2022. 2. The plaintiff filed the suit for eviction. The plaintiff has marked the lease deed dated 01.04.2017. Since the said document is not registered, the defendant has raised an objection and sought for impounding the document and collect the deficit stamp duty. The trial Court by impugned - 3 - NC: 2025:KHC:6355 WP No. 20856 of 2024 order dated 11.06.2024 has held that the question regarding Stamp Duty payable on lease agreement dated 01.04.2017 is answered by holding that since 5 years had elapsed from the date of the document to the date on which the document was produced in to the Court in this case, there is no question of impounding the document or calling upon the plaintiff to pay deficit stamp duty and penalty. Being aggrieved by the said order, the present writ petition is filed. 3. Today, the learned counsel for the plaintiff/respondent has filed a memo before this Court stating that the writ petition may be allowed and the plaintiff is ready to deposit deficit stamp duty and penalty determined by the competent authority. 4. The memo is taken on record. 5. In view of the above, the following order is passed: ORDER a) The writ petition is allowed. - 4 - NC: 2025:KHC:6355 WP No. 20856 of 2024 b) The order dated 11.06.2024 passed on the stamp duty payable on original lease deed dated 01.04.2017 by the LXXXIII Additional City Civil and Sessions Judge, Commercial Court, Bengaluru in Com.O.S.No.1575/2022, is set aside. c) The trial Court is directed to send the lease deed dated 01.04.2017 to the District Registrar to determine the requisite stamp duty and penalty payable. d) The trial Court, upon receipt of the compliance certificate from the District Registrar, can proceed with the matter. 6. In view of disposal of the main writ petition, all pending IAs do not survive for consideration and the same are also disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 61