N. KRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition by the plaintiff in O.S.No.210/2016 on the file of the II Additional Senior Civil Judge, Nelamangala (for short, 'the trial Court') is directed against the impugned order dtd. 25/10/2022 passed on I.A.No.5 under Sec. 34 of the Karnataka Stamp Act, 1957 (for short, 'the Act of 1957') whereby, the trial Court directed the petitioner to pay the deficit stamp duty and ten times penalty on the agreements to sell dtd. 1/3/2013 and 23/6/2013 produced by the petitioner.

(2.) Heard learned counsel for the petitioner and learned Additional Government Advocate for the respondent Nos.1 and 2 and perused the material on record. Since no relief is sought for against the respondent No.3-defendant, notice to the respondent No.3-defendant is dispensed with.

(3.) The material on record discloses that the petitioner-plaintiff instituted the aforesaid suit against the respondent No.3-defendant for specific performance and other reliefs in relation to the aforesaid sale agreements dtd. 1/3/2013 and 23/6/2013. The said suit is being contested by the respondent No.3-defendant. During the pendency of the suit, the petitioner filed the instant application seeking adjudication of the stamp duty and penalty payable on the said documents. Pursuant thereto, the documents were referred to the District Registrar, who submitted a report that both documents did not contain recitals regarding handing over of the possession by vendor in favour of the prospective purchaser.