- 1 - HC-KAR NC: 2025:KHC:53723 WP No. 7826 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 7826 OF 2020 (GM-CPC) BETWEEN: SMT. NANNIMOBI WIFE OF LATE BUDDEN SAB, AGED ABOUT 82 YEARS, RESIDING AT DODDAGATTA VILLAGE, BASAVAPATNA 2ND HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 213 REPRESENTED BY HER GPA HOLDER SRI.B.SANNAULLA, SON OF LATE BUDDEN SAB, AGED ABOUT 58 YEARS …PETITIONER (BY Ms. VASUNDARA T.P.,ADVOCATE FOR SRI. P.M. GOPI., ADVOCATE) AND: SRI. LAKSHMAN G., SON OF GANGADHARAPPA, AGED ABOUT 67 YEARS, RESIDING AT DODDAGATTA VILLAGE, BASAVAPATNA, 2ND HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 213. …RESPONDENT (RESPONDENT SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 07.09.2019 PASSED IN Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53723 WP No. 7826 of 2020 O.S.NO.28/2017, PENDING ON THE FILE OF 2ND ADDITIONAL CIVIL JUDGE AND JMFC, CHANNAGIRI AS PER ANNEXURE-E AND THEREBY PASS ORDER TO REJECT THE APPLICATION ANNEXURE-C FILED U/S 34 AND 35 OF KARNATAKA STAMP ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This writ petition is filed under Article 227 of Constitution of India with a prayer to set aside the order dated 07.09.2019 passed on IA No.6 in OS No.28/2017 pending on the file of II Additional Civil Judge and JMFC, Channagiri. 2. Heard learned counsel for the petitioner. 3. Respondent who is served in the matter, has remained unrepresented before this Court. 4. Petitioner has filed O.S.No.28/2017 before the II Additional Civil Judge, Channagiri, seeking relief of specific performance of the agreement for sale dated 09.05.2005 and also for consequential relief of permanent - 3 - HC-KAR NC: 2025:KHC:53723 WP No. 7826 of 2020 injunction. In the said suit the contesting defendant has filed written statement and has opposed the suit plaint. I.A.No.6 was filed on behalf of defendant under Section 34 and 35 of Karnataka Stamp Act, 1957 with a prayer to impound the agreement for sale dated 09.05.2005 (Ex.P2) and to collect deficit stamp duty and penalty payable on the same. The Trial Court vide the order impugned has allowed the said application. Being aggrieved by the same, petitioner is before this Court. 5. Perusal of the order impugned would go to show that the trial Court has not assigned any reason for impounding the agreement for sale (Ex.P2) and the order impugned also does not reflect under what provision of law the deficit stamp duty and penalty has been levied in the present case. The Trial Court has not assigned any reason whatsoever for allowing I.A No.6. Therefore, on this short ground the order impugned is liable to be set aside with a direction to the trial Court to reconsider I.A.No.6 and pass fresh orders in accordance with law. - 4 - HC-KAR NC: 2025:KHC:53723 WP No. 7826 of 2020 6. Accordingly, the following; ORDER i. Writ petition is allowed. ii. Impugned order dated 07.09.2019 passed on IA No.6 in O.S.No.28/2017 by the Court of II Additional Civil Judge and JMFC, Channagiri, is set aside. iii. The matter is remitted to the trial Court to consider IA No.6 afresh and pass appropriate orders in accordance with law as expeditiously as possible but not later than 2 months from the date of receipt of copy of this order. Sd/- (S VISHWAJITH SHETTY) JUDGE RU List No.: 1 Sl No.: 6