SHARADA Vs. ANANDAMMA

JUDGEMENT

(1.) Challenging order dtd. 4/10/2016 passed by XLIV Addl. City Civil & Sessions Judge, (CCH-45) Bengaluru in O.S.no.2516/2007 as per Annexure-E insofar as failing to impound lease deed dtd. 20/9/2004 and direct defendants no.1 to 5 to pay deficit Stamp duty and penalty as per Sec. 33 of Karnataka Stamp Act, 1957, this writ petition is filed.

(2.) Sri. Abhinav R., learned counsel for petitioners submitted that petitioners were plaintiffs no.1 and 2 in O.S.no.2516/2007 filed for declaration that sale deeds dtd. 19/7/1995 as being obtained by fraud etc. It was further submitted that in said suit, defendants had entered appearance and filed written statement/additional written statement. Thereafter issues were framed and trial commenced. At time of recording of evidence on behalf of defendants i.e., during examination of DW.1, agreement of lease dtd. 20/9/2004 was sought to be produced and marked. However, when plaintiffs raised objection against marking due to same being insufficiently stamped, matter was posted for hearing parties with regard to objections.

(3.) It was submitted that in pursuance of same, trial Court passed order impugned on 4/10/2016 holding that defendants shall have no right to produce and mark lease agreement dtd. 20/9/2004 and if they intended to do same, necessary duty and penalty was required to be paid by them.