NAGAMMA Vs. RUDRAYYA

JUDGEMENT

(1.) The present writ petition challenges the order dtd. 23/7/2018, passed by the Additional Senior Civil Judge, Haveri, in O.S.No.175/2018. The impugned order was passed in the context of a partition suit filed by the plaintiffs. The learned Judge, while addressing objections raised by the defendants regarding the admissibility of the agreement of sale dtd. 11/12/2002, which was accompanied by possession, directed the petitioners to pay the deficit stamp duty along with penalty. The petitioners are contesting this order, asserting that it improperly addresses the stamp duty requirements for the agreement of sale.

(2.) The facts leading to the case are as under:

(3.) During the proceedings, the agreement of sale was tendered in evidence through P.W.2. The defendants raised objections, claiming that the agreement was insufficiently stamped. The learned Judge, upon reviewing the objections, impounded the document and directed the petitioners to pay the deficit stamp duty along with penalty, arguing that the document did not meet the necessary stamping requirements.