- 1 - HC-KAR CNR: KAHC010496242022 NC: 2026:KHC:36523 W.P. No.21496/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.21496/2022 (GM-CPC) BETWEEN: T. SATHISH S/O POOHJARI THIMMAIAH AGED ABOUT 62 YEARS BESAGARAHALLI CROSS, KOPPA HOBLI MADDUR TALUK, MANDYA -571419. …PETITIONER (BY SRI. LOURDU MARIYAPPA A, ADV.,) AND: 1. SMT. SUNADAMMA W/O LATE MARIYAPPA AGED ABOUT 55 YEARS. 311, RAJA RAJESWARI LAYOUT -560056 NAGADEVANAHALLI, BENGALURU. 2. SRI. KRISHNAMURTHY S/O POOHJARI THIMMAIAH AGED ABOUT 48 YEARS BESAGARAHALLI CROSS, KOPPA HOBLI MADDUR TALUK, MANDYA -571419. 3. SMT. SUDHA W/O PRAKASH D/O LT MARIYAPPA AGED ABOUT 32 YEARS. 4. SMT. SUMA W/O PRAVEEN KUMAR Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010496242022 NC: 2026:KHC:36523 W.P. No.21496/2022 D/O LATE MARIYAPPA AGED ABOUT 29 YEARS. 5. KUMARI THANUJA D/O LATE MARIYAPPA AGED ABOUT 24 YEARS. RESPONDENT NOS.3 TO 5 ARE ALL R/AT NO.311, RAJA RAJESWARI LAYOUT NAGADEVANAHALLI BENGALURU -560 056. 6. SMT. PARVATHAMMA W/O PUTTAMADAIAH D/O POOHJARI THIMMAIAH AGED ABOUT 65 YEARS NO.1526, 17TH MAIN, II PHASE BENGALURU -78. 7. SMT. T. JAYALAKSHMAMMA W/O K.L. SANNAMARAIAH D/O POOHJARI THIMMAIAH AGED ABOUT 63 YEARS NO.15/A/1, PREETHI NILAYA 6TH CROSS, ADITHYANAGAR KAVALBYRASANDRA BENGALURU -32. 8. SMT. KAMALAMMA W/O MARIYAPPA D/O POOHJARI THIMMAIAH AGED ABOUT 54 YEARS NO.144, II CROSS, SHIRADI SAINAGAR K. NARAYANAPURA MAIN ROAD HEGDENAGAR, BENGALURU -77. 9. SMT. ALAMELAMMA @ LAKSHMAMMA W/O SHIVALIGHIAH D/O POOHJARI THIMMAIAH AGED ABOUT 65 YEARS NO.104, SHIVANAPALYA BEHIND SHIRKE APARTMENT - 3 - HC-KAR CNR: KAHC010496242022 NC: 2026:KHC:36523 W.P. No.21496/2022 KENGRI UPA NAGAR BENGALURU 60. …RESPONDENTS (NOTICE TO R6 TO R9 D/W V/O/DTD:26.05.2023 R1, R2, R3, R4, R5 SERVED - UNREPRESENTED) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN O.S.NO.7/2018, ON THE FILE OF LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MADDUR. CONSEQUENTLY SET ASIDE THE IMPUGNED ORDER DTD 30.08.2022 AT ANNEXURE-G, PASSED IN O.S.NO.7/2018, ON THE FILE OF LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MADDUR AND ALLOW THIS WRIT PETITION & 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 writ petition is filed seeking for the following reliefs: “1. Call for the records in O.S.No.7/2018, on the file of Learned Additional Senior Civil Judge and JMFC at Maddur. 2. Consequently set aside the impugned order dated 30.08.2022 at Annexure-G, passed in - 4 - HC-KAR CNR: KAHC010496242022 NC: 2026:KHC:36523 W.P. No.21496/2022 O.S.No.7/2018, on the file of Learned Additional Senior Civil Judge and JMFC at Maddur and allow this Writ Petition”. 2. Heard Sri.Lourdu Mariyappa, learned counsel for the petitioner. 3. Smt.Parvathamma and others have filed a suit in O.S.No.7/2018 seeking the relief of partition, separate possession and for mesne profits. The present petition is filed by the plaintiff No.3 challenging the order dated 30.08.2022 wherein the Trial Court has directed the plaintiff to pay the deficient stamp duty and penalty. It is to be noticed that the plaintiff has produced 3 documents i.e. rent agreements dated 26.07.1996, 27.08.1998 and 20.09.2000 and the said documents were impounded by the Trial Court under order dated 12.07.2021. It is required to be noticed that the said order of impound was not challenged by the petitioner. The instruments were sent to the District Registrar who has submitted a report to the Trial Court and based on such report, the Trial - 5 - HC-KAR CNR: KAHC010496242022 NC: 2026:KHC:36523 W.P. No.21496/2022 Court, under the impugned order directed the plaintiff to pay Rs.1,766/- on rent agreement dated 26.07.1996, Rs.2,550/- on rent agreement dated 27.08.1998 and Rs.3,436/- on rent agreement dated 20.09.2020 along with a sum equal to 10 times of the deficit duty payable. 4. A perusal of the impugned order makes it clear that those instruments are insufficiently stamped and were impounded by the Trial Court vide order dated 12.07.2021 and as per the calculation of the District Registrar, the Trial Court has directed the plaintiff to pay the deficient stamp duty and penalty. I do not find any error in the order passed by the Trial Court calling for interference in the present petition. 5. Accordingly, the writ petition is devoid of merits and the same is hereby rejected. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 42