IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 51458 OF 2019 (GM-CPC) BETWEEN:
1. SARASWATHI W/O. MADAN GOPAL, AGED ABOUT 52 YEARS, HOUSEWIFE, 2. MADHAN GOPAL AGED ABOUT 63 YEARS, (SENIOR CITIZEN BENFIT NOT CLAIMED) ASST SUB-INSPECTOR OF POLICE, BOTH ARE R/AT NO. 9, 7TH CROSS, SHRI MAHESHWARI NILAYA, MAHESHWARINAGAR, T. DASARAHALLI, BANGALORE-560 057.
(BY SRI. R SHASHIDHARA, ADVOCATE) AND:
1. K C BASAVARAJU S/O. K. CHANNARAYA SHETTY, AGED ABOUT 54 YEARS, R/AT NO.1124/2, MAHESHWARI NAGAR, 6TH CROSS, T. DASARAHALLI, BANGALORE-560 052.
2. K. V. DHANALAKSHMI W/O. K.C. SHANKARAPPA, AGED ABOUT 53 YEARS, HOUSEWIFE, R/AT NO.1124/1, MAHESHWARI NAGAR, 6TH CROSS, T. DASARAHALLI, BANGALORE-560 052.
... PETITIONERS 3. THE JOINT COMMISSIONER OFFICE OF THE BBMP, DASARAHALLI DIVISION, BAGILAGUNTE, HESARAGHATTA MAIN ROAD, BANGALORE-57.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY TE IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE IN O.S.4237/2013 C/W O.S.976/2014 ORDER ON I.A. DATED 16.09.2019 VIDE ANNEXURE-E TO THIS WIRT PETITION.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The subject matter of this writ petition relating to impounding of documents u/s.33 of Chapter IV of Indian Stamp Act, 1957 is squarely covered by the decision of the Apex Court in the case of KASHINATHSA YAMOSA vs. NARSINGASA, AIR 1961 SC 1077 wherein it has been held that once a document is produced and marked in evidence, at no stage of the same proceeding, the question of the said document being not duly stamped and therefore the same being inadmissible in evidence, can be re- opened.
2. Reliance of the petitioner on the decision in the case of SAVITHRAMMA R.C. Vs. VIJAYA BANK, 2015 ILR KARNATAKA 1984 rendered by a Co-ordinate Bench of this Court in the facts of the case will not come to his rescue, in view of the declaration of law by the Apex Court in the aforesaid decision.
In the above circumstances, writ petition being devoid of merits is disposed off in limine.
However, it is open to the petitioner to raise the issue of insufficiency of stamp duty and consequent inadmissibility of the said document in evidence if & when he suffers an adverse judgment & decree and an appeal is preferred against the same, as provided under Section 105 read with Order XLIII Rule 1A of CPC, 1908, the observations herein above not influencing the decision making in such appeal.
Sd/- JUDGE Snb/