ROSHANBI Vs. AZAMATUNISS

JUDGEMENT

(1.) THE petitioner who is the plaintiff in O.S. 622/2008 has preferred this writ petition seeking a writ of certiorari to quash the impugned order dated 18.04.2011 including the office report dated 16.6.2011 vide Annexure -C and the order Annexure -F dated 28.07.2012 rejecting I.A. No. IX filed by the plaintiffs under Section 151 of the Code of Civil Procedure in OS No. 622/2008 by the III Addl. Civil Judge and JMFC, Belgaum.

(2.) THE Learned Counsel for the petitioner submits, the plaintiff -petitioner is not aggrieved by the order passed by the Trial Court in so far as ordering for impounding the document styled as sale deed dated 28.09.2001 but she is aggrieved by the later part of the order whereby it has directed the office to calculate the deficit stamp duty payable and to report and the order Annexure -F rejecting I.A. No. IX filed by her under Section 151 of CPC for reconsideration of the deficit stamp duty and penalty calculated by the office.

(3.) PER contra, the Learned Counsel appearing for the respondents submits, the document in question is a suit document as such, the Trial Court is justified in ordering for impounding the document which is admittedly not duly stamped and further directing the office to calculate the deficit stamp duty payable and rejecting I.A. No. IX filed by the plaintiff. As such, there is no illegality in the impugned order warranting interference of this Court. Therefore, he prays for dismissal of the writ petition.