- 1 - HC-KAR NC: 2025:KHC-D:14697 WP No. 105095 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105095 OF 2022 (GM-CPC) BETWEEN: 1. SRI. GIRISH FAKKIRAPPA NALAWADI, AGED ABOUT 60 YEARS, OCC. BUSINESS, R/AT. AKSHAY COLONY, NAGASHETTIKOPPA, HUBBALLI, DIST. DHARWAD-580 001. 2. SRI. CHINNAMAY S/O FAKIRAPPA NALAWADI, AGED ABOUT 57 YEARS, OCC. BUSINESS, R/AT. VIJAYNAGAR EXTN., HUBBALLI, DIST. DHARWAD-580 001. … PETITIONERS (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) AND: 1. SRI. HARISH S/O RAJENDRA NALAWADI, AGED ABOUT 34 YEARS, OCC. PRIVATE SERVICE, R/AT. NOOLVI, TQ. HUBBALLI, DIST. DHARWAD-580 001. 2. SMT. ANITHA W/O MAHANTHAPPA BALLARI, AGED ABOUT 34 YEARS, OCC. HOUSEHOLD, R/AT. NOOLVI, TQ. HUBBALLI, DIST. DHARWAD-580 001. 3. KUMARI AMRUTHA D/O RAJENDRA NALAWADI, AGED ABOUT 30 YEARS, OCC. PRIVATE SERVICE, R/AT. NOOLVI, TQ. HUBBALLI, DIST. DHARWAD-580 001. 4. SMT. KAVITA W/O RAJENDRA NALAWADI, AGED ABOUT 60 YEARS, OCC. HOUSEHOLD, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14697 WP No. 105095 of 2022 R/AT. NOOLVI, TQ. HUBBALLI, DIST. DHARWAD-580 001. 5. SRI. RAJENDRA S/O FAKKIRAPPA NALAWADI, AGED ABOUT 65 YEARS, OCC. ADVOCATE, R/AT. NOOLVI, TQ. HUBBALLI, DIST. DHARWAD-580 001. 6. SMT. VIJAYLAXMI W/O CHANDRAHAS ANGADI, AGED ABOUT 67 YEARS, OCC. HOUSEHOLD, R/AT. NEAR RAILWAY STATION, ANNIGERI, DIST. DHARWAD-580 001. 7. SMT. JAYASHREE W/O BASAVANTAPPA MALAGOUDAR, AGED ABOUT 62 YEARS, OCC. HOUSEHOLD, R/AT. RAMNAGAR EXTN. AREA, SAUNDATTI, DIST. BELAGAVI-590 001. 8. SMT. ANUPAMA W/O MAHADEVAPPA MALAGOUDAR, AGED ABOUT 51 YEARS, OCC. HOUSEHOLD, R/AT. RAMNAGAR EXTN. AREA, SAUNDATTI, DIST. BELAGAVI-590 001. 9. SMT. SUJATA W/O SHIVAYOGI SAUNDATTI, AGED ABOUT 47 YEARS, OCC. SERVICE, R/AT: KALYAN NAGAR, DIST. DHARWAD-580 001. … RESPONDENTS (BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE FOR R1 TO R4; SRI. VINAYKUMAR M. SHETTY, ADVOCATE FOR R5; NOTICE TO R6 TO R9 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION AND SET-ASIDE THE ORDER PASSED BY THE ORDER PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND JMFC, HUBBALLI, DATED 17.09.2022, IN O.S. NO.111 OF 2018, ORDERS REG. DUTY AND PENALTY, COPY AS PER ANNEXURE-F AND ALLOW THE WRIT PETITION. - 3 - HC-KAR NC: 2025:KHC-D:14697 WP No. 105095 of 2022 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. 2. This petition is filed challenging the order directing payment of stamp duty and penalty on the document which is produced by the petitioners/defendants No.4 and 5. The said document is said to be a document between one Fakkirappa and Rajendra. Rajendra is defendant No.1 and Fakirappa is father of defendant No.1. 3. Since it is said to be a document within the family where one person claims to have relinquished the right in favour of another person, the stamp duty chargeable is ₹5,000/- under Article 45 of the Karnataka Stamp Act, 1957 and 10 times penalty would be ₹50,000/-. 4. Learned counsel for the petitioners would submit that the petitioners would pay ₹50,000/- penalty without prejudice to - 4 - HC-KAR NC: 2025:KHC-D:14697 WP No. 105095 of 2022 his contentions that ultimately the penalty is payable by defendant No.1. 5. Learned counsel for the respondents would submit that they do not admit the execution of the document as such, they are not liable to pay the penalty. 6. In any case, it is noticed that the document is not registered. Hence, the document cannot be used to establish the title. It can only be used for a collateral purpose to ascertain the nature of the property. 7. Under these circumstances, the impugned order is modified by allowing the writ petition in part. 8. The petitioners shall pay ₹50,000/- towards penalty and on such payment, the document shall be marked only for a collateral purpose. 9. The document is held inadmissible to consider the title over the property as it is not registered. 10. In case, the document is proved, who among the parties to the proceeding is required to pay the penalty and the - 5 - HC-KAR NC: 2025:KHC-D:14697 WP No. 105095 of 2022 stamp duty shall be considered by the Trial Court at the time of final disposal. 11. It is made clear that this Court has not expressed any other opinion on the merits of the matter and also proof of the document execution of which is said to be disposed. 12. Both parties shall co-operate for early disposal of the suit. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 31