- 1 - HC-KAR CNR: KAHC010488542022 NC: 2026:KHC:41658 W.P. No.21234/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.21234/2022 (GM-CPC) BETWEEN: SRI. MAHADEVA M.G. S/O LATE GANGAIH AGED ABOUT 36 YEARS R/AT. MARENAHALLI VILLAGE MAGADI MAIN ROAD TAVAREKERE HOBLI BANGALORE SOUTH TALUK. …PETITIONER (BY SRI. NAGARAJA N, ADV.,) AND: 1. SRI. RANGASWAMAIAH AGED ABOUT 54 YEARS. 2. SRI. SRINIVAS AGED ABOUT 51 YEARS. 3. SMT. BHAGYAMMA AGED ABOUT 46 YEARS. 4. SRI. RAMAKRISHNA AGED ABOUT 43 YEARS. 5. SRI. SHIVAKUMAR AGED ABOUT 36 YEARS. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010488542022 NC: 2026:KHC:41658 W.P. No.21234/2022 ALL ARE CHILDREN OF GANGAIAH ALL ARE R/AT. MARENAHALLI VILLAGE THAVAREKERE HOBLI BANGALORE SOUTH TALUK. 6. THE MANAGER CANARA BANK NO.243A, TAVAREKERE BRANCH MAGADI MAIN ROAD MAGADI TALUK BENGALURU DISTRICT. …RESPONDENTS (BY SRI. SRINIVASA GOWDA, ADV., FOR SRI. C.R. VENKATESH, ADV., FOR R1 & R3 TO R5 R6 SERVED V/O/DTD:29.06.2026, WP AS AGAINST DECEASED R2 IS STANDS REJECTED) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYS THAT ORDER DTD 10.06.2022 IN O.S.301/2019 ANNEXURE-E ON THE FILE OF PRL. SR. CIVIL JUDGE, MAGADI, THE ORDER DATED 10.06.2022 IN O.S. 301/2019 ON THE FILE OF THE PRL.SR. CIVIL JUDGE, MAGADI, MAY BE QUASHED BY WRIT OR CERTIORARI OR ANY OTHER WRIT OR DIRECTIONS ALLOWING OBJECTIONS MADE BY PETITIONER HEREIN FOR NOT MARKING OF SAID UNREGISTERED/UNSTAMPED DOCUMENT AND TO PASS SUCH OTHER RELIEFS AS COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010488542022 NC: 2026:KHC:41658 W.P. No.21234/2022 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 10.06.2022 passed in O.S.No.301/2019 by the Principal Senior Civil Judge, Magadi (for short, ‘the Trial Court’). 2. Heard Sri.Nagaraja N., learned counsel appearing for the petitioner and Sri.Srinivasa Gowda, learned counsel appearing on behalf of Sri.C.R.Venkatesh, learned counsel for the respondent Nos.1 and 3 to 5. 3. The respondent Nos.1 to 5 filed a suit in O.S.No.301/2019 seeking the relief of partition. In the said suit, the petitioner who was arrayed as defendant No.1, filed a detailed written statement by contending that the suit is not maintainable as there is already a registered partition by virtue of a registered partition deed dated 03.01.2019. The Trial Court framed the issues. At the time of recording the evidence, PW-1 intended to mark the - 4 - HC-KAR CNR: KAHC010488542022 NC: 2026:KHC:41658 W.P. No.21234/2022 consent deed dated 18.05.2019 produced at Annexure-D, which was opposed by the petitioner-defendant No.1 on the ground that the consent deed creates a right in favour of the parties and is required to be registered, however, the said document is unregistered and insufficiently stamped. A perusal of the consent deed indicates that the parties in the consent deed have agreed to disburse the received compensation amount in a particular manner and there is no transfer of right from one party to another party or relinquishment of the right of parties in favour of another party. The Trial Court, considering the rival submissions, and taking note of the nature of instrument in question, has come to conclusion that the said instrument do not fall within the category mentioned under Section 17 of the Indian Registration Act, 1908, nor the said instrument invokes obligation to pay the stamp duty. I do not find any error in the finding recorded by the Trial Court calling for interference in the present petition. - 5 - HC-KAR CNR: KAHC010488542022 NC: 2026:KHC:41658 W.P. No.21234/2022 4. Accordingly, I proceed to pass the following: ORDER The writ petition is devoid of merits and the same is hereby rejected. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 32