SHIVAPUTRAPPA Vs. NINGAMMA

JUDGEMENT

(1.) W.P. No. 70162/12 is filed by defendants 2 and 4 in O.S. 18/2009 on the file of the Senior Civil Judge, Hunagund, seeking a writ of certiorari to quash the order Annexure-H dated 28.8.12, whereby the Trial Court has allowed the application I.A. No. 16 filed under Section 151 of CPC by defendants 2 and 4 and directing them to pay ten times penalty on the stamp duty payable as required under Section 34 of the Karnataka Stamp Act, hereinafter referred to as the "the Act" for short, and directing them to deposit deficit stamp duty of Rs. 1,91,400/-.

(2.) W.P. No. 85787/13 is filed by the plaintiffs in the said suit, seeking a writ of certiorari to quash the Order Annexure-H dated 23.09.2013 whereby it has rejected the I.A. 26 filed by the plaintiffs and for a writ of mandamus directing the Trial Court to proceed with the suit without waiting for the result of W.P. 70162/12 filed by defendants 2 and 4.

(3.) As both the writ petitions are between the same parties challenging the different orders passed in the same suit O.S. 18/2009, they are heard together and disposed of by this common judgment.