S. VIVEKANANDA Vs. JALAJA

JUDGEMENT

(1.) ORDER on I.A. No. 8 dated 15.1.2013 in O.S. No. 865/2007 on the file of Principal Civil Judge (Sr.Dvn.), Bangalore is questioned by the petitioner in this petition.

(2.) THE petitioner/plaintiff filed O.S. No. 865/2007 against the respondents/ defendants for the relief of declaration of title, mandatory injunction, possession and such other reliefs and the same is pending adjudication before the trial Court. Defendant No. 4/respondent No. 4 resisted the suit, filed the written statement, led evidence and got marked Exhibits. The petitioner/plaintiff filed an application under Sections 33, 34 and 41 of the Karnataka Stamp Act(hereinafter referred to as "The Act" for short) read with Order XIII Rule 8 under section 151 of CPC seeking an order of impounding the documents i.e. agreement of sale dated 27.07.2002, advance receipt dated 09.06.2003, lease agreement dated 09.01.2004 marked by respondent No. 4/defendant No. 4 as Exs.D.1 and D2.

(3.) THE Court below observed that the documents which are sought to be impounded have been produced only for collateral purposes and as such cannot be impounded to collect the stamp duty and accordingly, by the impugned order dismissed the application.