IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 14728 OF 2017 (GM-CPC) BETWEEN:
1. SMT. H.VASANTHA, DAUGHTER OF LATE HUCHAIAH, AGED ABOUT 47 YEARS, 2. SRI. K.SATHISH KUMAR, SON OF H.VASANTHA, AGED ABOUT 30 YEARS, BOTH ARE RESIDING AT NO.39, 13TH CROSS, 8TH MAIN ROAD, MALLESHWARAM, BANGALORE-560 003.
(BY SRI. N.J.RAMESH, ADVOCATE) AND:
SRI. A.MURUGANATHAN, SON OF APPA DURAI, AGED ABOUT 42 YEARS, RESIDING AT NO.1514/32, 2ND FLOOR, 4TH CROSS, 7TH MAIN, VIJAYANAGAR 2ND STAGE, BANGALORE-560 040.
(BY SRI. MADHUKAR NADIG, ADVOCATE) … PETITIONERS … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUNGED ORDER DTD: 23.3.2017 PASSED IN O.S.NO.2529/2013 BY THE XXX ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY ON THE FILE OF THE KARNATAKA STAMP ACT, 1956 (ANNEXURE-E) AND ALLOW THE SAME.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners being the plaintiffs in a money suit in O.S.No.2529/2013 are invoking the writ jurisdiction of this Court for assailing the order dated 23.02.2017, a copy whereof is at Annexure-E whereby the learned III Additional City Civil Judge, Bengaluru, having rejected their application field under section 33 of the Karnataka Stamp Act, 1957 has refused to impound the subject document, namely the rental agreement. After service of notice, the respondent has entered appearance through his counsel and opposes the writ petition.
2. Having heard the learned counsel for the parties and having perused the writ petition papers, no case is made out for the indulgence of this Court inasmuch as, the Court below having considered all aspects of the matter and the rulings of this Court has come to a right conclusion that the stamp duty paid on the subject document is sufficient; in arriving at such a decision, the Court below has kept in view that the rental agreement is for a period of eleven months and as well.
In the above circumstances, no grounds having been made out, writ petition stands dismissed.
No costs.
Sd/- JUDGE Bsv