- 1 - HC-KAR NC: 2026:KHC:17743 WP No. 8692 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8692 OF 2026 (GM-CPC) BETWEEN: SRI M AFROZ S/O MOHAMMED AGED ABOUT 46 YEARS NO.699, 28 B MAIN ROAD CORPORATION COLONY BENGALURU-560069. …PETITIONER (BY SRI SUNIL KUMAR B.N, ADV.) AND: 1. SRI VENKATAPPA S/O LATE YELLAPPA AGED ABOUT 70 YEARS R/AT BESTHAMANHALLI VILLAGE KASABA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 562106 2. SMT. JAYAMMA W/O LATE THIMMAIAH AGED ABOUT 68 YEARS. 3. SRI. T. MURALI S/O LATE THIMMAIAH AGED ABOUT 40 YEARS 4. SRI. T. GIRISH S/O LATE THIMMAIAH Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17743 WP No. 8692 of 2026 AGED ABOUT 37 YEARS 5. SRI. T. NEELA D/O LATE THIMMAIAH AGED ABOUT 41 YEARS R2 TO R5 ARE R/AT NO. 194 LAKSHMI TALKIES BIDEREGERE ROAD, WARD NO. 7 BANGIRAMAIAH LAYOUT ANEKAL TOWN- 562107 BENGALURU URBAN DISTRICT. 6. T. REVATHI D/O LATE THIMMAIAH W/O PRATHIBAN AGED ABOUT 38 YEARS R/AT NO. 40, NEAR PILLEYAR KOYIL AAPPAVU TERUVU, PEDDURU AALANGAYAM, VANAMBADI NORTH ARCOT DISTRICT TAMILNADU 760 123. 7. SRI. T. SHIVAKUMAR S/O LATE THIMMAIAH AGED ABOUT 46 YEARS R/AT NO.499, 13TH MAIN ROAD MANJUNATH NAGAR, RAJAJINAGAR BENGALURU 560010. 8. SRI. T. MANJUNATH S/O LATE THIMMAIAH AGED ABOUT 43 YEARS R/AT BESTHAMANAHALLI VILLAGE ANEKAL TALUK BENGALURU URBAN DISTRICT- 562106. 9. SMT. CHOWDAMMA W/O CHOWDAPPA AGED ABOUT 76 YEARS - 3 - HC-KAR NC: 2026:KHC:17743 WP No. 8692 of 2026 R/AT RAJHARASA ROAD BEHIND GOVERNMENT FIRST GRADE COLLEGE, V. V. EXTN., HOSKOTE BENGALURU RURAL DISTRICT – 562114. 10. SMT. SEETHAMMA W/O V. KRISHNAPPA AGED ABOUT 66 YEARS R/AT INDLAVADI VILLAGE AND POST ANEKAL TALUK, BENGALURU URBAN DISTRICT – 562106. 11. SRI. THIMMARAYAPPA S/O LATE THIMMARAYAPPA AGED ABOUT 76 YEARS R/AT 275, BEHIND COURT BUILDING DADAPPA LAYOUT, WARD NO.8 ANEKAL TOWN 562106. 12. SRI. B.T. KRISHNAPPA, S/O LATE THIMMARAYAPPA AGED ABOUT 70 YEARS R/AT 82, BAHADURPURA WARD NO.23, K.S.R.T.C GARIAGE MAIN ROAD, ANEKAL TOWN 562106. SRI. MOHAMMED S/O LATE MASTAN SAB (DEAD BY HIS LRS) 13. SMT. THAJUNNEESA W/O LATE MOHAMMAD AGED ABOUT 60 YEARS (DEAD BY HER LRS) - 4 - HC-KAR NC: 2026:KHC:17743 WP No. 8692 of 2026 14. SMT. FAREEDA D/O LATE MOHAMMAD W/O SANAULLA AGED ABOUT 50 YEARS R/AT NO. 649, 29A MAIN ROAD C.P. COLONY, 9TH BLOCK, JAYANAGAR BENGALURU 560069. 15. SRI. M. FAIROZ, S/O LATE MOHAMMAD AGED ABOUT 49 YEARS R/AT 70, DIAMOND LAYOUT THAMARASANAHALLI BENGALURU RURAL – 562199. 16. SRI. FAMIDA, D/O LATE MOHAMMAD W/O SHEER ALI KHAN R/AT 52, MADDURAMMA COLONY BUS STOP TAVAREKERE BENGALURU SOUTH, DHARMARAM COLLEGE BENGALURU BENGALURU -560029. 17. SRI. AFROZ, S/O MOHAMMAD AGED ABOUT 44 YEARS R/AT 669, 28TH B MAIN ROAD CORPORATION COLONY BENGALURU 560 069. 18. SRI. M. MOHMMAD THABREZ S/O LATE. MOHAMMAD, MAJOR - 5 - HC-KAR NC: 2026:KHC:17743 WP No. 8692 of 2026 19. SRI. M. IMRAN S/O. LATE. MOHAMMAD MAJOR 20. SRI. M. RIZWAN S/O. LATE. MOHAMMAD MAJOR RESPONDENT NO.18 TO 20 ARE R/AT, BEHIND COURT BUILDING ANEKAL TOWN, BENGALURU URBAN DISTRICT - 562 106. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 06.01.2026 PASSED BY THE IV ADDL CIVIL JUDGE AND JMFC ANEKAL IN OS NO. 43/2008 VIDE ANX-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-defendant No.12(e) has called in question the order dated 06.01.2026 passed by the IV Addl. Civil Judge and JMFC, Anekal (for short ‘Trial Court’), on an application filed by the plaintiff under Order Section 151 of CPC, in O.S.No.43/2008, wherein the said application filed for - 6 - HC-KAR NC: 2026:KHC:17743 WP No. 8692 of 2026 impounding the Ex.P-1, i.e., unregistered Sale Agreement dated 07.06.1983, has been allowed. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiff instituted O.S.No.43/2008 seeking relief of specific performance of an agreement of sale and produced an unregistered Agreement of Sale dated 07.06.1983 marked as Ex.P-1. Upon service of summons, the defendants entered appearance and filed their written statement. Thereafter, the plaintiff filed an application under Section 151 of the Code of Civil Procedure, 1908 seeking to impound Ex.P-1 on the ground that the document was insufficiently stamped and unregistered. The Trial Court, by the impugned order dated 06.01.2026, allowed the said application, impounded Ex.P-1, and referred the document to the concerned District Registrar for determination of deficit stamp duty and penalty. - 7 - HC-KAR NC: 2026:KHC:17743 WP No. 8692 of 2026 Aggrieved by the said order, the present writ petition is filed by defendant No. 12(e). 4. The sole contention urged by the learned counsel for the petitioner is that the Trial Court itself ought to have determined the deficit stamp duty and penalty instead of referring the document to the District Registrar. It is further contended that since the suit is of the year 2008, such reference would result in unnecessary delay. 5. The Hon’ble Supreme Court in Seetharama Shetty v. Monappa Shetty, reported in 2024 SCC Online SC 2320, has held that upon impounding a document, the Trial Court is required to refer the same to the competent authority for determination of proper stamp duty and penalty, and that the Trial Court cannot itself adjudicate and impose the penalty. 6. In view of the aforesaid legal position, the Trial Court is justified in referring Ex.P-1, the unregistered Agreement - 8 - HC-KAR NC: 2026:KHC:17743 WP No. 8692 of 2026 of Sale dated 07.06.1983, to the District Registrar for the purpose of determination of deficit stamp duty and penalty. 7. Viewed from any angle, there is no error or illegality in the impugned order passed by the Trial Court warranting interference by this Court. 8. Accordingly, the writ petition is dismissed. 9. However, having regard to the fact that the suit is of the year 2008, the Trial Court is directed to issue a reminder to the District Registrar and secure the report as expeditiously as possible. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 16