- 1 - HC-KAR CNR: KAHC010074152022 NC: 2026:KHC:38092 W.P. No.3661/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.3661/2022 (GM-CPC) BETWEEN: SMT. G.V. RUKMINIAMMA W/O G.V. BASAVARAJU AGED ABOUT 62 YEARS R/AT NO.791, 5TH CROSS, K M LAYOUT THAVAREKERE MAIN ROAD BENGALURU 560029. …PETITIONER (BY SRI. MADHUSUDAN M, ADV.,) AND: 1. SMT. SARASWATHAMMA W/O LATE G.M. DEVARAJ AGED ABOUT 64 YEARS. 2. SMT. RASHMI W/O NAGARAJ AGED ABOUT 39 YEARS. 3. SMT. REKHA W/O MANJUNATH AGED ABOUT 34 YEARS. 4. SRI. G.M. ASHWATHANARAYANA REDDY S/O LATE G.H. MUNIYAPPA AGED ABOUT 62 YEARS. 5. SMT. SHYLAJA W/O G.M. ASHWATHANARAYANA REDDY Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010074152022 NC: 2026:KHC:38092 W.P. No.3661/2022 AGED ABOUT 34 YEARS. 6. SMT. PAVITHRA W/O NAGARAJU D/O G.M. ASHWATHANARAYANA REDDY AGED ABOUT 34 YEARS. 7. SRI. PRAMOD S/O G.M. ASHWATHANARAYANA REDDY AGED ABOUT 31 YEARS. 8. SMT. SHANTHAMMA W/O G.K. SATISH AGED ABOUT 59 YEARS. 9. SRI. KIRAN S/O G.K. SATISH AGED ABOUT 34 YEARS. ALL ARE R/AT GUNJURU VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK 560087. …RESPONDENTS (R1 TO R9 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DT 23.11.2021 PASSED BY THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN O.S.NO.2004/2021 REFUSED FOR REFUND OF COURT FEE AND DIRECTED THE PETITIONER TO PAY DEFICIT STAMP DUTY OF RS.17,500/- AND PENALTY OF RS.1,75,000/- VIDE ANNEXURE-E AND FURTHER BE PLEASED ALLOW THE MEMOS FILED BY THE PETITIONER IN O.S.NO.2004/2021 BY ALLOWING THE WRIT PETITION & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010074152022 NC: 2026:KHC:38092 W.P. No.3661/2022 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed seeking the following reliefs: a) “Issue writ of certiorari quashing the order dt 23.11.2021 passed by the Hon’ble Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru in O.S.No.2004/2021. Refused for refund of Court fee and directed the petitioner to pay deficit stamp duty of Rs.17,500/- and penalty of Rs.1,75,000/-. Vide Annexure-E and further be pleased to allow the Memos filed by the petitioner in O.S.No.2004/2021, by allowing the writ petition; b) Grant such other relief/s as this Hon’ble Court deems fit in the circumstances of the case, in the interest of justice.” 2. Sri.Madhusudan M., learned counsel for the petitioner submits that the trial Court under the impugned order permitted the plaintiff to withdraw the suit and the said suit was dismissed. However, it has refused to refund the Court fee mainly on the ground that proper provision - 4 - HC-KAR CNR: KAHC010074152022 NC: 2026:KHC:38092 W.P. No.3661/2022 of law is not mentioned in the memo. Insofar as impounding of agreement of sale is concerned, it is submitted that the defendants have later executed the registered sale deed on 18.12.2021 and in view of the subsequent event, he seeks to withdraw the writ petition with liberty to file appropriate memo before the trial Court seeking refund of the Court fees. 3. Said submission is placed on record. 4. In view of the aforesaid submission and oral prayer, writ petition is dismissed as withdrawn with the liberty to the petitioner to file a memo before the trial Court seeking refund of the Court fee and the trial Court shall consider the same and pass necessary orders on the same in accordance with law. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 27