Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:21122 WP No. 9524 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9524 OF 2026 (GM-CPC) BETWEEN:
SRI. H. THIPPANNA S/O. GURUSIDDAPPA, AGED 70 YEARS, BUSINESSMAN AND LANDLORD, DOOR NO.1880/34/38 4th MAIN ROAD, 1ST CROSS, VINOBA NAGARA, DAVANAGERE-577006 &PETITIONER (BY SRI. BHADRAVADI SIDDESWARA, ADVOCATE) AND:
1.
SRI. FAIROZ S/O MAQBOOL SAB, AGED ABOUT 35 YEARS, BUSINESSMAN, DOOR NO.1501, 5TH CROSS, AHAMED NAGARA, DAVANAGERE
ALSO AT SHOP NO.13 DOUBLE ROAD, K.R.MARKET, DAVANAGERE - 577 001
2.
DISTRICT REGISTRAR AND DEPUTY COMMISSIONER OF STAMPS DAVANGERE DISTRICT, MINI VIDHANA SOUDHA,
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:21122 WP No. 9524 of 2026
P.B. ROAD, DAVANGERE-577001. &RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE TRIAL COURT AND QUASH THE IMPUGNED ORDER DATED 01.12.2025 PASSED IN OS NO.212/2023 ON THE FILE OF THE LEARNED I ADDL. SR. CIVIL JUDGE AND JMFC, DAVANAGERE VIDE ANNEXURE-A TO THE WRIT PETITION, IN THE ENDS OF JUSTICE AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
In this writ petition, the petitioner called in question the order dated 01.12.2025 passed by the I Addl. Senior Civil Judge and JMFC., Davanagere (for short 8Trial Court9) in O.S.No.212/2023 vide Annexure-A, whereby the Trial Court referred the impounded agreement of sale dated 01.12.2021 to the Deputy Registrar of Stamps and thereby directed him to collect the Stamp duty and penalty. The said order is passed in terms of the
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HC-KAR NC: 2026:KHC:21122 WP No. 9524 of 2026
judgment of the Hon'ble Apex Court reported in 2024 SCC Online SC 2320 in the case of Seetharama Shetty v. Monappa Shetty.
2. Therefore, there is no error or illegalities in the
order passed by the trial Court dated 01.12.2025. One more order which is challenged by the petitioner in this writ petition is order dated 30.12.2025 passed by the District Registrar and Deputy Commissioner of Stamps, whereby, the imposed penalty is ten times to that of the stamp duty amount. If the petitioner is aggrieved by the
order passed by the Deputy Registrar of Stamps, Davanagere, under Section 39(1)(b) of Karnataka Stamp Act, 1957, he has to challenge the same before the appropriate Legal Forum.
Reserving such a liberty, this writ petition is
disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE PSJ List No.: 1 Sl No.: 12