- 1 - HC-KAR NC: 2025:KHC-D:15145 WP No. 106824 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106824 OF 2025 (GM-CPC) BETWEEN: BASAPPA S/O NINGAPPA KAMBALI, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. BASAPUR VILLAGE, TQ. AND DIST. HAVERI, PIN CODE-581 108. … PETITIONER (BY SRI. VIDYASHANKAR DALWAI, ADVOCATE) AND: 1. CHANNABASAPPA S/O. SHIVAMURTHAPPA HADAPAD @ KAYAKAD, AGE. 58 YEARS, OCC. AGRICULTURE, R/O. GUNDENAHALL VILLAGE, TQ. BYADAGI, DIST. HAVERI,PIN CODE-581 108. 2. JAYAMMA W/O. PARATHAPPA HANCHINMANI @ KAYAKAD, AGE. 55 YEARS, OCC. AGRICULTURE, R/O. KALLADEVARA VILLAGE, TQ. BYADAGI, DIST. HAVERI.PIN CODE-581 108. 3. PARSHURAM S/O. SHIVAMURTHAPPA HADAPAD @ KAYAKAD, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. GUNDENAHALL VILLAGE, TQ. BYADAGI, DIST. HAVERI,PIN CODE-581 108. 4. SHIVANAND S/O. SHIVAMURTHAPPA HADAPAD @ KAYAKAD, AGE. 50 YEARS, OCC. AGRICULTURE, R/O. GUNDENAHALL VILLAGE, TQ. BYADAGI, DIST. HAVERI, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15145 WP No. 106824 of 2025 PIN CODE-581 108. 5. SHANMUKAPPA S/O. SHIVAMURTHAPPA HADAPAD @ KAYAKAD, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. GUNDENAHALL VILLAGE, TQ. BYADAGI, DIST. HAVERI,PIN CODE-581 108. 6. RENUKA W/O. GUDDAPPA HADAPAD, AGE. 44 YEARS, OCC. HOUSEHOLD, R/O. ARALESHWAR VILLAGE, TQ. HANGAL, DIST. HAVERI,PIN CODE-581 108. 7. DHRAKSHAYANI W/O. GUDDAPPA NAVI, AGE. 42 YEARS, OCC. AGRICULTURE, R/O. BALEHOSUR VILLAGE, TQ. SHIRATTI, DIST. GADGA,PIN CODE-581 108. 8. KARABASAPPA S/O SHIVAMURTHAPPA HADAPAD @ KAYAKAD, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. GUNDENAHALL VILLAGE, TQ. BYADAGI, DIST. HAVERI,PIN CODE-581 108. … RESPONDENTS (BY SRI. N.P. VIVEKMEHTA, ADVOCATE FOR R1 TO R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI AND QUASH THE ORDER DATED 23/08/2025 PASSED BY THE COURT OF PR. SENIOR CIVIL JUDGE AND CJM, HAVERI IN O.S. NO.178/2018 VIDE ANNEXURE-D BY ALLOWING THE 1.A. NO.22 DATED 23/08/2025 FILED UNDER SECTION 34 OF THE STAMP ACT R/W SECTION 151 OF CPC BY THE PLAINTIFF VIDE ANNEXURE-C. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15145 WP No. 106824 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order passed by the Trial Court in which the application for payment of deficit stamp duty is rejected. Trial Court held that document is already marked and on that ground the application is rejected. 2. The Court does not find any error in the said order. Since, the document is already marked without any objection, the document cannot be rejected for want of stamp duty. However, if the document is inadmissible in evidence for any other reason, viz. registration or any other reason, the Court may consider that objection during the course of the final hearing. 3. Hence the petition is disposed with these observations. Both parties shall co-operate for early disposal of the suit. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT:BCK LIST NO.: 1 SL NO.: 121