IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.17940 OF 2019 (GM-CPC) BETWEEN:
SRI B RADHA RAMANA, MANAGING DIRECTOR, CITY GREEN FARMS PVT LTD, NO.N-2 24TH MAIN, J P NAGAR, 1ST PHASE, BANGALORE – 560 078. ...PETITIONER (BY SRI GAUTAM SHREEDHAR BHARADWAJ, ADVOCATE) AND:
1. MR CHANNA KRISHNAPPA, SON OF SRI CHANNAPPA, AGED ABOUT 58 YEARS, R/AT MARAGANAHALLI, KASABA HOBLI, CHICKBALLAPURA TALUK -562 101.
2. MRS AYESHA, DAUGHTER OF SRI SADU KUNNIE AGED ABOUT 32 YEARS, RESIDING AT # 13 MANASABA PALACE, 2ND B MAIN, SULTAN PALYA, R T NAGAR, BANGALORE – 560 032.
3. SRI VENKATACHALLAPATHY, SON OF B MUNIYAPPA, AGED ABOUT 43 YEARS, RESIDING IN FORM HOUSE, MUSTOOR VILLAGE GEREHALI POST, CHICKBALLAPURA TALUK -562 101.
4. THE SUB-REGISTRAR, OFFICE OF SUB-REGISTRAR, CHICKBALLAPUR TALUK – 562 101.
5. THE TASHILDAR, OFFICE OF TASHILDAR, CHICKBALLAPUR TALUK – 562 101. ...RESPONDENTS ***** THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO.181 OF 2008 PENDING BEFORE PRINCIPAL CIVIL JUDGE, SR.DN AT CHIKABALLAPURA AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. The challenge in the writ petition is to the order 28.01.2019 passed by the Prl. Senior Civil Judge & CJM, Chikkaballapur, directing impounding of the Agreement of Sale dated 09.02.2007 under Sections 33 and 34 of the Karnataka Stamp Act, 1957 on the ground that there is a clause in the subject Agreement about delivery of possession of the property. Such an order cannot be faltered in view of the decision of the Hon’ble Apex Court in Omprakash vs Laxminarayan reported in 2014 (1) SCC 618, in as much as a dutiability of a document/ instrument depends upon the recitals therein and not truthfulness or otherwise thereof.
3. The writ petition being devoid of merits is accordingly rejected in limine.
Sd/- JUDGE SJ