- 1 - HC-KAR NC: 2025:KHC-D:17076 WP No. 104994 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.104994 OF 2022 (GM-CPC) BETWEEN: SHRI. BABU @ BABANNA S/O. YALLAPPA HALAPPANAVAR, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. MYAGERI ONI, SHIRAHATTI, TQ: SHIRAHATTI, DIST: GADAG-582120. …PETITIONER (BY SRI. SHIVRAJ S.BALLOLI, ADVOCATE) AND: 1. SHRI. SAHADEVAPPA S/O. RAMAPPA VITHAPPANAVAR, AGE: 53 YEARS, OCC: AGRICULTURE, R/O. MYAGERI ONI, SHIRAHATTI, TQ: SHIRAHATTI, DIST: GADAG. 2. SMT. GANGAWWA W/O VITHAPPA @ ITTAPPA VITHAPPANAVAR, AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/O. MYAGERI ONI, SHRIRAHATTI, TQ: SHIRAHATTI, DIST: GADAG-582120. 3. SMT. SAROJAVVA W/O. MAHADEVAPPA VITTHAPPANAVAR, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:46 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17076 WP No. 104994 of 2022 R/O. MYAGERI ONI, SHIRAHATTI, TQ: SHIRAHATTI, DIST: GADAG-582120. 4. SMT. BASAMMA W/O. YALLAPPA HALANNAVAR AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O. MYAGERI ONI, SHIRAHATTI, TQ: SHIRAHATTI, DIST: GADAG-582120. 5. SMT. GEETA W/O. HANAMAPPA MORANAL AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. MYAGERI ONI, SHIRAHATTI, TQ: SHIRAHATTI, DIST: GADAG-582120. 6. SMT. PADMAVATI W/O. RAMESH KANCHI AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O. MYAGERI ONI, SHIRAHATTI, TQ: SHIRAHATTI, DIST: GADAG-582120. …RESPONDENTS (BY SRI. VISHWANATH S.BICHAGATTI, ADVOCATE FOR R1; NOTICE TO R2 TO R6 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 02/07/2022 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, LAXMESHWAR, O.S.NO.74/2019 VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17076 WP No. 104994 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondents. 2. This petition is filed assailing the order dated 02.07.2022 directing payment of stamp duty and 10 times penalty on the premise that the document in question is inadequately stamped. 3. Learned counsel for the petitioner would submit that the Trial Court has directed to pay stamp duty by referring to the provisions of the Karnataka Stamp Act, 1957 as on the date of the order, but it was required to ascertain the stamp duty payable under the Karnataka Stamp Act as on the date of the agreement in question. Thus, he would contend that the order has to be modified to that extent. - 4 - HC-KAR NC: 2025:KHC-D:17076 WP No. 104994 of 2022 4. Learned counsel appearing for the respondents would contend that the document in question does not record delivery of possession to the petitioner/defendant. Thus, it is his contention that payment of stamp duty should not be construed as having recorded a finding that the possession of the property is already delivered to the petitioner/defendant. 5. The Court has considered the contentions raised at the Bar and perused the records. 6. The stamp duty payable is as per the law prevailing as on the date of the agreement and not as per the law that was prevailing as on the date of the order. 7. Under these circumstances, the District Registrar of Stamps to whom the matter is now referred to, shall determine the stamp duty payable as on the date of the agreement and not on the date of the order. - 5 - HC-KAR NC: 2025:KHC-D:17076 WP No. 104994 of 2022 8. For any reason in case the stamp duty is collected holding that the document is chargeable with stamp duty as if the possession of the property is delivered, that finding should not be constructed as a final finding to hold that the possession of the property is delivered to the petitioner/defendant under the alleged agreement. 9. Whether the possession is delivered or not is a question that is to be decided at the time of final disposal of the suit. Hence, the following: ORDER i. The petition is disposed of. ii. The Deputy Registrar of Stamp shall decide on the stamp duty payable within one month from the date of the receipt of the copy of this order and shall remit the finding to the Trial Court. - 6 - HC-KAR NC: 2025:KHC-D:17076 WP No. 104994 of 2022 iii. If stamp duty paid by the petitioner is found to be excess, such excess shall be refunded to the petitioner. iv. Both parties shall co-operate for early disposal of the suit. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- Ct:vh List No.: 1 Sl No.: 80