H KRISHNAPPA Vs. M D ASHWATHNARAYAN SINGH

JUDGEMENT

(1.) The Respondent/Plaintiff has filed O.S. No. 9714/2006 in the City Civil Court, Bangalore, against the Petitioner/Defendant for a decree granting specific performance of the agreement to sell dated 25.11.2004 and for permanent injunction in respect of the property described in the plaint schedule. The Petitioner has filed written statement and has contested the suit. Issues having been raised based on the material pleadings, trial of the suit has taken place.

(2.) Petitioner filed I.A No. 3 under Sections 33 & 34 of the Karnataka Stamp Act, 1957 read with Section 151 of Code of Civil Procedure to impound the original agreement of sale dated 25.11.2004 marked as Ex.P-1 on the ground that, the same is insufficiently stamped. The Respondent has filed statement of objections. The trial court has dismissed I.A No. 3. The Defendant has filed this writ petition questioning the said order.

(3.) Sri T.M. Venkata Reddy, learned advocate appearing for the Petitioner contended that, the trial court has committed a manifest error in relying upon the decisionsand in holding that Ex.P-1 cannot be impounded and in dismissing I.A. No. 3. Learned Counsel submits that, the said decisions have no application and further, Sections 33 & 34 of the Act imposes a duty upon the court to impound a document, which has not been sufficiently stamped, so as to safeguard the interest of the revenue and in marking Ex.P-1, there is violation of statutory duty by the trial court.