- 1 - HC-KAR CNR: KAHC010306722022 NC: 2026:KHC:39936 W.P. No.13877/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.13877/2022 (GM-CPC) BETWEEN: SMT. JAYANTHI K.L. W/O LOKANATHAN K.B. AGED 52 YEARS AND R/AT FLAT NO.S8, 2ND FLOOR SHIVAGANGA BLISS APARTMENT 1ST CROSS, 1ST MAIN, HARSHA LAYOUT YELECHENAHALLI KANAKAPURA MAIN ROAD BENGALURU-560 078. …PETITIONER (BY SRI. KUSHAL GOWDA, ADV., FOR SRI. ABHINAY Y.T. ADV.,) AND: 1. SMT. S.L. SHARADA W/O SRINIVASA AGED 39 YEARS. 2. SRINIVASA AGED 39 YEARS S/O VASANTHAIAH. BOTH ARE R/AT NO.26 “THIRUMALA NIVASA” OPP BWSSB WATER TANK BM KAVAL, THATAGUNI BENGALURU-560 062. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010306722022 NC: 2026:KHC:39936 W.P. No.13877/2022 ALSO AT: NO.52, 2ND FLOOR GIRIDHAMA LAYOUT GATTIGERE EXTENSION 5TH MAIN, BEML LAYOUT RAJARAJESWARI NAGAR BENGALURU-560 098. 3. THIRUMALA ENTERPRISES NO.246, 7TH CROSS, 6TH BLOCK BSK 3RD STAGE BENGALURU-560 085 REP. BY ITS PROPRIETOR SRINIVASA. 4. VENKATADRI ENTERPRISES NO.26, THIRUMALA NIVASA OPP. BWSSB WATER TANK BM KAVAL, THATAGUNI BENGALURU-560 062 REPRESENTED BY ITS PROPRIETOR SL SHARADHA. 5. K.S. VISHWANATH S/O K.S. SHIVASHAKAR SHETTY AGED 53 YEARS R/AT NO.12/1, 7TH MAIN ROAD 16TH CROSS, RAMASWAMY LAYOUT LAKKASANDRA BENGLAURU-560 030. 6. SIDDARAJU B.B. S/O BYREGOWDA AGED 42 YEARS R/AT NO.T-6, 3RD FLOOR SHIVAGANGA BLISS APARTMENT 1ST CROSS, 1ST MAIN HARSHA LAYOUT, YELACHENAHALLI KANAKAPURA MAIN ROAD BENGALURU-560 078. - 3 - HC-KAR CNR: KAHC010306722022 NC: 2026:KHC:39936 W.P. No.13877/2022 7. SMT. CHANDRAKALA .J W/O JAGADEESH .V AGED 48 YEARS AND R/AT NO.9/1, 18TH MAIN JC NAGARA, MAHALAKSHMIPURAM BENGLAURU-560 086. 8. M. MURTHY S/O MUNIYAPPA AGED 46 YEARS AND R/AT NO.11, 1ST A CROSS ADITHYA NAGARA KOTHANUR MAIN ROAD BENGALURU-560 062. 9. RAGHU B.M. S/O MARIDODDAIAH AGED 53 YEARS AND R/AT NO.389, 7TH B MAIN ROAD 5TH CROSS, RPC LAYOUT VIJAYANAGARA BENGALURU-560 040. 10. SMT. RATHNAMMA W/O LATE MUNIYAPPA AGED 68 YEARS AND R/AT NO.283, ANANDA NILAYA NEAR LAGUMAMMA TEMPLE KOTHANUR VILLAGE, 8TH PHASE JP NAGAR, BENGALURU-560 076. 11. RAMAKRISHNA G.D. S/O LATE DODDAIAH AGED 48 YEARS AND R/AT GEDDENAHALLI VILLAGE KALLABALU POST, ANEKAL TALUK BENGALURU-560 043. 12. STATE OF KARNATAKA REP. BY UNDER SECRETARY - 4 - HC-KAR CNR: KAHC010306722022 NC: 2026:KHC:39936 W.P. No.13877/2022 DEPARTMENT OF REVENUE VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA FOR R12 V/O/DTD:10.08.2022, NOTICE TO R1 TO R11 ARE D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER 4TH APRIL 2022 PASSED BY THE HONBLE IV ADDL. SR. CIVIL JUDGE, BENGALURU PASSED IN O.S. NO.1183 OF 2018 (ANNEXURE-D) IN THE INTEREST OF JUSTICE AND EQUITY & 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 challenging the order dated 04.04.2022 passed in O.S.No.1183/2018 by the IV Additional Senior Civil Judge, Bengaluru (for short, 'the Trial Court'). 2. Heard Sri.Kushal Gowda, learned counsel appearing for Sri.Abhinay Y.T., learned counsel for the - 5 - HC-KAR CNR: KAHC010306722022 NC: 2026:KHC:39936 W.P. No.13877/2022 petitioner and the learned Additional Government Advocate for the respondent No.12. 3. The petitioner-plaintiff had filed a suit in O.S.No.1183/2018 for recovery of money and other reliefs. In the said suit, the plaintiff produced an agreement dated 19.08.2015 and PW-1 requested to mark the said document in the evidence. The Trial Court observed that the stamp duty paid on the instrument is Rs.200/-, the loan amount is Rs.10,00,000/- and the said instrument is unregistered and having a deficit stamp duty. The matter was posted for hearing on payment of duty and penalty. It is to be noticed that in the meanwhile, the plaintiff suo motu approaches the District Registrar, Department of Stamps and Registration, Jayanagar, and make the payment of deficit stamp duty of Rs.5,000/- and penalty of Rs.2,000/-, in total Rs.7,000/-. The Trial Court, on 04.04.2022 heard the plaintiff on duty and penalty and taking note of the certificate dated - 6 - HC-KAR CNR: KAHC010306722022 NC: 2026:KHC:39936 W.P. No.13877/2022 24.03.2022 issued by the District Registrar of Stamps and Registration and observed that the District Registrar of Stamps and Registration does not have the power to decide the deficit duty and penalty and ordered to pay 10 times penalty towards the deficit stamp duty by calculating on the agreement of loan. 4. It is to be noticed that firstly the Trial Court has committed a grave error in not impounding the document under Section 33 of the Karnataka Stamp Act, 1957 (for short, 'the Act'), when it was brought to the knowledge of the Court that the agreement is insufficiently stamped. Secondly, the Trial Court would have calculated the duty and penalty of 10 times after impounding the said instrument and directed the plaintiff to make good of the same and thereafter, marked the said document in the proceedings. In the case on hand, where the plaintiff suo motu approaches the Authority, calculates the duty and penalty and paid and the Trial Court has refused to accept - 7 - HC-KAR CNR: KAHC010306722022 NC: 2026:KHC:39936 W.P. No.13877/2022 the same by directing the plaintiff to pay 10 times duty, in my considered view, the procedure adopted by the Trial Court is contrary to the provisions of the Act. Hence, it would be appropriate to direct the Trial Court to refer the same to the jurisdictional District Registrar for the purpose of calculation of the duty and penalty and on such calculation, the petitioner has to make good the duty and penalty. It is needless to observe that if the District Registrar comes to the same conclusion that the duty and penalty calculated and paid by the plaintiff is correct, then the Trial Court shall proceed to mark the document in the evidence. 5. With the aforesaid observations, I proceed to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned order dated 04.04.2022 passed in O.S.No.1183/2018 by the IV Additional Senior Civil Judge, Bengaluru, is set aside. - 8 - HC-KAR CNR: KAHC010306722022 NC: 2026:KHC:39936 W.P. No.13877/2022 (iii) The Trial Court is directed to refer the agreement dated 19.08.2015 to the jurisdictional Deputy Registrar for the purpose of calculation of the duty and penalty payable, as observed supra. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 34