- 1 - HC-KAR NC: 2026:KHC:34434 W.P. No.17714/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.17714/2021 (GM-CPC) BETWEEN: SMT. B. NARAYANAMMA W/O B. YARRAPPA AGED 66 YEARS R/AT BANDAHALLI VILLAGE NANDI HOBLI TALUK AND DISTRICT CHICKBALLAPURA-562 101. …PETITIONER (BY SRI. ARVIND C. DESAI, ADV.,) AND: 1. SRI. MUNIRAJU S/O MUNISHAMAPPA AGED 55 YEARS R/O MUDDENAHALLI VILLAGE NANDI HOBLI TALUK AND DISTRICT CHICKBALLAPURA-562 101. 2. SRI. B.G. GOWDA S/O BACHANNA AGED 77 YEARS R/O NO.72, 4TH CROSS CENTRAL EXERCISE LAYOUT BOOPASANDRA, BENGALURU-560097. …RESPONDENTS (BY SRI. SHIVAKUMAR V, ADV., FOR R1 V/O/DTD:05.10.2021, NOTICE TO R2 IS D/W) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34434 W.P. No.17714/2021 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 30.3.2021 PASSED IN ON I.A.NO.IX FILED BY THE PETITIONER U/S 33, 34, AND 37 OF THE KARNATAKA STAMP ACT R/W SEC.151 OF CPC IN O.S.NO.298/2016 BEFORE THE II ADDL. CIVIL JUDGE AND JMFC, AT CHIKKABALLAPUR, UNDER ANNEXURE-H BY ISSUE OF WRIT OF CERTIORARI & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 30.03.2021 passed on I.A.No.9 filed by the petitioner in O.S.No.298/2016 by the II Additional Civil Judge and JMFC., Chikkaballapur, (for short, ‘the trial Court’). 2. Heard Sri Aravind C.Desai, learned counsel appearing for the petitioner and Sri.Shivakumar V., learned counsel appearing for respondent No.1. - 3 - HC-KAR NC: 2026:KHC:34434 W.P. No.17714/2021 3. The respondent No.1-plaintiff filed the suit in O.S.No.298/2016 for the relief of specific performance of the contract and sought direction of the defendants to execute re-conveyance deed in respect of the plaint schedule property in favour of the plaintiff as per the agreement dated 24.01.2011 and put him in possession of the suit schedule property. In the said suit, the petitioner herein, who is the defendant No.2, has filed a detailed written statement and thereafter, filed an application under Sections 33, 34 and 37 of the Karnataka Stamp Act, 1957 (for short, ‘the Act’) read with Section 151 of CPC seeking prayer to impound the agreement of sale produced by the plaintiff on the ground that the instrument is insufficiently stamped. The said application was opposed by the plaintiff. The trial Court under the impugned order rejected the said application. 4. It is to be noticed that the petitioner is seeking to impound the document dated 24.01.2011, which is produced at Annexure-C to the writ petition, which - 4 - HC-KAR NC: 2026:KHC:34434 W.P. No.17714/2021 indicates the agreement for re-conveyance. In the said agreement, the consideration is referred as ₹5,00,000/-. It is required to be noticed that Article 44 of the Act, deals with payment of stamp duty on re-conveyance and for ready reference, Article 44 of the Act i.e., before the amendment by Act No.04 of 2024, w.e.f.03.02.2024, is extracted herein below: “Art. 44. Reconveyance of mortgaged property - (a) the consideration for which the property was mortgaged does not exceed Rs.1000; The same duty as a Conveyance (No.20) for a market value equal to the amount of such consideration as set forth in the re-conveyance; (b) in any other case. One hundred rupees.” 5. Considering the aforesaid Article, the instrument in question is required to be stamped at ₹100/- as on the relevant date, on the re-conveyance deed and admittedly the instrument is stamped with ₹100/-. In view - 5 - HC-KAR NC: 2026:KHC:34434 W.P. No.17714/2021 of the same, I am of the view that the trial Court is fully justified in rejecting the application for impounding the instrument. Hence, the same does not call for any interference in this petition. Accordingly, the petition is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 26