IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2017 BEFORE THE HON’BLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.47025/2012 (GM-CPC) BETWEEN:
1. SRI PEDDA BYRA REDDY, S/O AVULA BYANNA AGED ABOUT 58 YEARS 2. SRI T.V.VENKATARAMANAPPA S/O AVULA BYANNA AGED ABOUT 55 YEARS BOTH ARE R/AT VANTEERAVANDLAPALLI VILLAGE, CHELURU HOBLI BAGEPALLI TALUK – 561 207 3. SMT. BAYYAMMA D/O LATE AVULA BYANNA AGED ABOUT 50 YEARS R/AT NALLAGUTTAPALLI VILLAGE PATHAPALYA HOBLI BAGEPALLI TALUK – 561 207 4. SMT. RAMALAKSHMAMMA D/O AVULA BYANNA W/O SHIVA REDDY AGED ABOUT 47 YEARS 5. SMT. GANGULAMMA D/O AVULA BYANNA AGED ABOUT 40 YEARS PETITIONER NOS.3 TO 5 ARE R/AT NALLAGUTTAPALLI VILLAGE CHELURU HOBLI BAGEPALLI TALUK – 561 207 ... PETITIONERS (BY SMT. SNEHA SHASTRY G FOR SRI G.BALAKRISHNA SHASTRY, ADVOCATES) AND:
1. SMT. SARASWATHAMMA W/O SURYANARAYANASHETTY D/O CHINNARAMANNA 2. SMT. RAMALAKSHMAMMA W/O CHINNARAMANNA BOTH ARE R/AT VENTEERAVANDLAPALLI VILLAGE, CHELURU HOBLI BAGEPALLI TALUK – 561 207 3. SRI VENKATAPPA SINCE DECEASED BY LRs 3(a) VENKATAMMA W/O LATE VENKATAPPA MAJOR 3(b) CHINNA BAYYA REDDY S/O LATE VENKATAPPA AGED ABOUT 60 YEARS 3(c) PEDDA PAPI REDDY S/O LATE VENKATAPPA AGED ABOUT 53 YEARS 3(d) CHINNA PAPI REDDY S/O LATE VENKATAPPA AGED ABOUT 51 YEARS (a) TO (d) ARE R/AT VANTEERAVANDLAPALLI VILLAGE CHELURU HOBLI, BAGEPALLI TALUK – 561 207 3(e) SMT. VENKATARAMANAMMA W/O BAYYAPPA AGED ABOUT 58 YEARS 3(f) SMT. LAKSHMIDEVAMMA W/O BAYYAPPA AGED ABOUT 56 YEARS (e) TO (f) ARE R/AT SINGAPPAGARIPALLI VILLAGE PATHAPALYA HOBLI BAGEPALLI TALUK – 561 207 3(g) SMT. BAYYAMMA W/O BAYYA REDDY 48 YEARS, R/AT KALLARALLAPALLI POLANAYAKANAHALLI POST BAGEPALLI TALUK – 561 207 4. SMT. PEDDAGANGAMMA W/O PEDDARAMANNA MAJOR 5. SRI ESHWARA REDDY S/O PEDDA RAMANNA MAJOR (4) & (5) ARE R/AT VANTEERAVANDLAPALLI VILLAGE, CHELURU HOBLI BAGEPALLI TALUK – 561 207 6. SMT. EASWARAMMA D/O PEDDA RAMANNA MAJOR R/AT KALLARALLAPALLI VILLAGE, CHELURU HOBLI BAGEPALLI TALUK – 561 207 7. SMT. YASHODAMMA D/O PEDDA RAMANNA MAJOR, R/AT KALAPARALLAPALLI MITTEMARI HOBLI BAGEPALLI TALUK – 561 207 8. SMT. PAPULAMMA D/O PEDDA RAMANNA MAJOR, R/AT PATHURU VILLAGE CHELURU HOBLI BAGEPALLI TALUK – 561 207 9. SRI RAVI S/O PEDDARAMANNA AGED ABOUT 27 YEARS R/AT VANTEERAVANDLAPALLI VILLAGE, CHELURU HOBLI BAGEPALLI TALUK – 561 207 10. SMT. BAYYAMMA D/O CHINNA RAMANNA W/O NARAYANASWAMY MAJOR, R/AT THERUPALLI KASABA HOBLI KOLAR DISTRICT – 561 207 ... RESPONDENTS (BY SRI VISHWANATH R HEGDE, ADVOCATE FOR R1 & R2; R-3[a to c & e to g], R4 TO R10 ARE SERVED; PETITION STANDS DISMISSED AGAINST R3(d) V/C/O DATED 06.12.2016) WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 3.8.2012 PASSED BY THE CIVIL JUDGE (SR.DN.) & JMFC, CHICKBALLAPUR IN OS NO.81/97 VIDE ANNEXURE-A AND FURTHER DIRECT THAT THE DOCUMENT DATED 12.02.1995 BE MARKED IN EVIDENCE.
WP COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R H.G.RAMESH, J. (Oral):
1. Heard learned counsel appearing for the parties.
Perused the impugned order dated 03.08.2012 passed by the trial court in the suit in O.S.No.81/1997.
2. The impugned order lacks reasoning and clarity. The trial court has not recorded any finding as to the nature of the documents and the stamp duty payable thereon as on the date of execution of the documents. In the absence of clear reasoning, the order cannot be sustained. Accordingly, the impugned order dated 03.08.2012 is set aside. The matter is remitted to the trial court for reconsideration in accordance with law. All contentions of both the parties are kept open.
Petition disposed of.
Sd/- JUDGE hkh.