IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITON No.9898 OF 2019 (GM-CPC) BETWEEN:
1. SRI. JEELAN PASHA S/O LATE S AMEER JAN AGED ABOUT 54 YEARS 2. SRI. HABEEB S/O LATE S AMEER JAN AGED ABOUT 56 YEARS 3. SRI.SALEEM S/O LATE S AMEER JAN AGED ABOUT 54 YEARS 4. SRI. BABU @ KHADER S/O LATE S AMEER JAN AGED ABOUT 41 YEARS 5. MOIN PASHA @ SHAIK MOIN PASHA S/O LATE S AMEER JAN AGED ABOUT 38 YEARS PETITIONER NOS.1 TO 5 R/AT V.P.KATHA NO.114 3RD BLOCK, KYASAMBALLI ROAD OLD TOWN, BETHAMANGALA KOLAR DISTRICT-563101 … PETITIONERS (BY SRI UMESH B.N., ADVOCATE) AND:
1. SMT. DILSHAD BI W/O SHEIK AHMED AGED 62 YEARS OLD TOWN BETHAMANGALA KOLAR DISTRICT-563 101 2. SMT. SHAMSHAD W/O MOHAMMED JAN AGED ABOUT 51 YEARS R/AT NEAR TV STATION, KUPPAM ANDHRA PRADESH 3. SMT. SHAHTAJ W/O ILIYAS AGED 49 YEARS R/AT VP KHATHA NO.114 OLD TOWN, BETHAMANGALA KOLAR DISTRICT-563 101 4. SMT. RESHMA W/O HYDER AGED 36 YEARS OLD TOWN BETHAMANGALA KOLAR DISTRICT-563 101 5. SMT. NOORJAN W/O ASLAM AGED 45 YEARS OLD TOWN HOUSE IN SY.NO.202/2 BETHAMANGALA KOLAR DISTRICT-563 101 6. SYED AZMATH @ AJJU S/O.SYED SHARFUDDIN SAHEB AGED ABOUT 41 YEARS CHICKEN STALL VP KHATHA NO.114, 3RD BLOCK KYASAMBALLI ROAD, OLD TOWN BETHAMANGALA KOLAR DISTRICT-563 101 7. AFSAR S/O.LATE PYARUJAN AGED ABOUT 44 YEARS 8. SABBIR S/O.LATE ABDUL WAHAB AGED ABOUT 66 YEARS MUTTON SHOP 9. SRI VENAKTESH S/O.GANTAPPA AGED ABOUT 46 YEARS BARBAR STALL 10. SRI RIYAZ AHMED S/O.ABDUL JABBAR AGED ABOUT 41 YEARS TWO WHEELER MECHANIC SHOP 11. SRI TURAB S/O.SHAIKH YASEEM AGED ABOUT 41 YEARS PUNCHER SHOP R7 TO R11 RESIDING AND DOING BUSINESS AT VP KATHA NO.114 V KOTA ROAD, 3RD BLOCK BETHAMANGALA KOLAR DISTRICT-563 101 12. SRI SEENAPPA S/O.GANTAPPA AGED ABOUT 41 YEARS BARBAR SHOP 13. SYED ISMAIL S/O.SYED AKBAR SAB AGED ABOUT 71 YEARS ENGINEERING WORK SHOP 14. SRI AHMED JAN S/O.LATE GAFFAR SHERIFF AGED ABOUT 66 YEARS CARPENTER SHOP 15. SRI NARYANASWAMY S/O.NARAYANAPPA AGED ABOUT 51 YEARS BLACKSMITH SHOP 16. SRI CHANDRAPPA S/O.MATHEAPPA AGED ABOUT 41 YEARS CEMENT TILES SHOP R12 TO R16 ARE DOING BUSINESS AT VP KHATHA NO.114 KYASAMBALLI ROAD, 3RD BLOCK BETHAMANGALA KOLAR DISTRICT-563 101 17. SRI SHAIKH ABDULLA S/O.SHAIKH KHASIM SAB AGED ABOUT 46 YEARS R/AT NO.202/2 KYASAMBALLI ROAD BETHAMANGALA KOLAR DISTRICT-563 101 18. AMEEN S/O.SHUKUR SAHEB AGED ABOUT 46 YEARS MUTTON STALL, 4TH BLOCK BETHAMANGALA KOLAR DISTRICT-563 101 19. SRI SHAIK AHMED S/O.LATE ABDUL KHUDUS AGED ABOUT 68 YEARS 3RD BLOCK, KYASAMBALLI ROAD OLD TOWN BETHAMANGALA KOLAR DISTRICT-563 101 20. SMT.PADMA W/O.G.SRINIVAS AGED ABOUT 50 YEARS KODIHALLI VILLAGE BETHAMANGALA HOBLI BANGARPET TALUK KOLAR DISTRICT-563 101 21. SMT.M.S.MAMATHA W/O.M.KUMARESH AGED ABOUT 38 YEARS NO.327, TANK ROAD BANGARPET KOLAR DISTRICT-563 101 22. SRI NAZEER AHMED S/O.LATE MUSTAQ AHMED AGED ABOUT 51 YEARS KGF-V KOTA ROAD DADA HARDWARES V-KOTA, PALAMANER TALUK CHITTOOR DISTRICT ANDHRA PRADESH-517 001 23. SRI B.G.VENKATAMUNI S/O.GANGAPPA AGED ABOUT 54 YEARS R/AT BETHAMANGALA TOWN AND HOBLI, BANGARPET TALUK KOLAR DISTRICT-563 101 24. SMT.V.MANJULA W/O.V.SRINIVAS AGED ABOUT 41 YEARS R/AT HANUMANTHANAGAR KYASAMBALLI TO BETHAMANGALA ROAD BETHAMANGALA TOWN AND POST BETHAMANGALA HOBLI BANGARPET TALUK KOLAR DISTRICT-563 101 25. SRI J.V.KRISHNA S/O.J.VENKATACHALAPATHY SETTY AGED ABOUT 51 YEARS PATEL SAB STREET BETHAMANGALA TOWN AND POST BETHAMANGALA HOBLI BANGARPET TALUK KOLAR DISTRICT-563 101 26. SRI VENKATACHALAPATHY S/O.LATE DASAPPA AGED ABOUT 47 YEARS POTHARAJHALLI VILLAGE BETHAMANGALA POST BETHAMANGALA HOBLI BANGARPET TALUK KOLAR DISTRICT-563 101 27. SMT.CHANDRABAI W/O.N.PRAKASH SINGH AGED ABOUT 38 YEARS R/AT NO.7, POLICE COLONY BETHAMANGALA TOWN BETHAMANGALA HOBLI BANGARPET TALUK KOLAR DISTRICT-563 101 28. K.S.MANJUNATH S/O.SATHYAPPA AGED ABOUT 30 YEARS KAVARAGANAHALLI VILLAGE BANGARPET TALUK KOLAR DISTRICT-563 101 29. CHINNAPPAIAH S/O.VENKATESHAPPA AGED ABOUT 36 YEARS BARBAR SHOP AMEERSAB BUILDING V.KOTA ROAD BETHAMANGALA BANGARPET TALUK KOLAR DISTRICT-563 101 … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 03.01.2019 (ANNEXURE-A) PASSED BY THE COURT OF I ADDITIONAL CIVIL JUDGE AND JMFC, KGF AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner-defendants having argued the matter for some time submits that he is ready and willing to pay the deficit stamp duty along with penalty leviable under Chapter – IV of the Karnataka Stamp Act, 1959 and therefore, they be permitted to admit the document in evidence and mark it subject to subject to other requirement for collateral purpose as held by the Apex Court in the case of YELLAPU UMA MAHESWARI AND ANOTHER V. BUDDHA JAGADHEESWARARAO AND OTHERS, 2015 AIR SCW 6184.
Paragraph no.18 of the said judgment reads as under:
“18. Then the next question that falls for consideration is whether these can be used for any collateral purpose. The larger Bench of Andhra Pradesh High Court in Chinnappa Reddy Gari Muthyala Reddy v. Chinnappa Reddy Gari Vankat Reddy, AIR 1969AP 242 has held that the whole process of partition contemplates three phases i.e. severancy of status, division of joint property by metes and bounds and nature of possession of various shares. In a suit for partition, an unregistered document can be relied upon for collateral purpose i.e. severancy of title, nature of possession of various shares but not for the primary purpose i.e. division of joint properties by metes and bounds. An unstamped instrument is not admissible in evidence even for collateral purpose, until the same is impounded. Hence, if the appellants/defendants want to mark these documents for collateral purpose it is open for them to pay the stamp duty together with penalty and get the document impounded and the Trial Court is at liberty to mark exhibits B-21 and B-22 for collateral purpose subject to proof and relevance.”
Liberty having been reserved to the petitioners as above accordingly, the petition is disposed off.
Sd/- JUDGE KTY