IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.38699 OF 2019 (GM-CPC) BETWEEN:
SRI YASEEN KHAN S/O.LATE AMEER KHAN AGED ABOUT 66 YEARS R/AT 696, 2ND CROSS 29TH WARD CHAMARAJAPETE CHICKBALLAPUR-562 101 ... PETITIONER (BY SRI S.N.ASWATHANARAYAN, ADVOCATE) AND:
SMT.SURAIYA BEGUM W/O.FAROOQ PASHA AGED ABOUT 54 YEARS R/AT REDDYGOLLAVARAHALLI VILLAGE, YALAGERE POST KASABA HOBLI CHICKBALLAPUR-562 101 ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.06.2019 (ANNEXURE-D) PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHICKBALLAPUR IN OS.NO.75/2016 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in a specific performance suit in O.S.No.75/2016 is invoking the writ jurisdiction of this Court for assailing the Order dated 25.06.2019, a copy whereof is at Annexure – D whereby the learned Principal Senior Civil Judge, Chikkaballapura having ordered impounding of the instrument in question i.e. agreement to sell, has directed the payment of deficit stamp duty and ten times thereof as penalty payable thereof in terms of Sections 33 & 34 of the Karnataka Stamp Act, 1957.
2. The contention that although instrument in question provides for delivery of possession of the subject property, there is in fact no delivery of possession is delivered, is legally unsustainable in view of the decision of the Apex Court in the case of OMPRAKASH Vs. LAXMINARAYAN & OTHERS, 2014 (1) SCC 618.
Therefore, this writ petition being devoid of merits is rejected in limine.
Sd/- JUDGE KTY