Birappa vs Gangabai
2024 Latest Caselaw 22577 Kant

Karnataka High Court

Birappa vs Gangabai on 4 September, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

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                                                            NC: 2024:KHC-K:6660
                                                         WP No. 202334 of 2024




                                 IN THE HIGH COURT OF KARNATAKA

                                        KALABURAGI BENCH

                             DATED THIS THE 4TH DAY OF SEPTEMBER, 2024

                                              BEFORE
                          THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
                         WRIT PETITION NO.202334 OF 2024 (GM-ST/RN)
                      BETWEEN:

                      SRI BIRAPPA
                      S/O TIPPANNA WALIKAR,
                      AGE: 62 YEARS,
                      OCC: AGRICULTURE,
                      R/O NAGATHAN,
                      TQ. AND DIST. VIJAYAPURA-586112.

                                                                  ...PETITIONER
                      (BY SRI. BAPUGOUDA SIDDAPPA, ADVOCATE)

                      AND:

                      SMT. GANGABAI
                      W/O MALAKAPPA GANGANALLI,
Digitally signed by
                      AGE: 54 YEARS,
BASALINGAPPA
SHIVARAJ
                      OCC: HOUSEHOLD WORK
DHUTTARGAON           AND AGRICULTURE,
Location: HIGH
COURT OF              R/O NAGATHAN,
KARNATAKA
                      TQ. AND DIST.VIJAYAPURA-586112.

                                                                 ...RESPONDENT

                      (NOTICE TO RESPONDENT DISPENSED WITH )

                           THIS WRIT PETITION IS FILED UNDER ARTICLES 226
                      AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
                      QUASH THE ORDER DATED 05.06.2024 PASSED IN OS
                      NO.250/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
                      JUDGE AND CJM VIJAYAPURA AT VIJAYAPURA VIDE AT
                      ANNEXURE-C AND ETC.,
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                                          NC: 2024:KHC-K:6660
                                       WP No. 202334 of 2024




    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:


CORAM:     HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

                          ORAL ORDER

(PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

1. The petitioner is before this Court seeking for the

following reliefs:

i. A writ of certiorari the order dated 05.06.2024 passed in O.S.No.250/2014 on the file of the court of the Principal Senior Civil Judge and CJM Vijayapura at Vijayapura vide at Annexure-C.

ii. Issue any other writ order or direction to meet the ends of justice under the facts and circumstances of the case, in the interest of justice and equity.

2. The respondent filed a suit in O.S.No.250/2014

seeking for relief of specific performance as regards

an agreement of sale dated 14.08.2008. The said

document having been marked in evidence, when the

matter was posted for judgment, the Trial Court vide

its order dated 05.06.2024 directed the copy of the

agreement dated 14.08.2008 to be sent to the

NC: 2024:KHC-K:6660

District Registrar for ascertaining the stamp duty and

penalty. It is aggrieved by the said order that the

petitioner, who is the defendant in the said suit is

before this Court.

3. The contention of the counsel for the

petitioner/defendant is that without an application

being filed by the defendant, the Court suo moto

directed the document to be sent to the District

Registrar and as such, the defendant is aggrieved by

it.

4. I am unable to agree with the submission made by

learned counsel, Sri Bapugouda Siddappa, for the

petitioner. Inasmuch as the agreement having been

produced by the plaintiff, if at all there is any deficit

stamp duty payable on the said document and

penalty leviable on the said document, it would be

for the plaintiff to make payment of the said deficit

stamp duty and penalty and not for the defendant.

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As such, I am of the opinion that the defendant

cannot be aggrieved by the order dated 05.06.2024

and cannot maintain the above writ petition.

5. For the above reasons, the petition stands

dismissed.

Sd/-

(SURAJ GOVINDARAJ) JUDGE

VNR