RAJIYA BI Vs. LAKSHMIBAI; NAGARAJACHARI

JUDGEMENT

(1.) These writ petitions are filed by the petitioner-plaintiff seeking issuance of writ of certiorari to quash the impugned order dated 4.9.2013 passed on I.A.No.8 by the Principal Civil Judge (Jr.Dn.) at Tumkur as per Annexure 'A' in O.S.No.509/1998 and also to direct the trial Court to collect the stamp duty on par with the directions issued by this Court in W.P.No.8892/2010 dated 7.9.2011 instead of collecting/demanding to pay the stamp duty and penalty of Rs.48,950/- as per the impugned order dated 4.1.2010 passed on I.A.No.7 in O.S.No.509/1998 as per Annexure 'J'.

(2.) Petitioner herein has averred that respondentsdefendants have executed an agreement of sale dated 10.12.1996 in her favour agreeing to sell red tiled house property bearing Municipal No.1178 measuring East to West 40 ft. and North to South 25 ft. situated at Horapet, Tumkur described as suit schedule property for a valuable sale consideration of Rs.50,000/-. Pursuant to the agreement of sale, petitioner has paid a sum of Rs.45,000/- as advance sale consideration to the respondents before the attesting witness and agreed to execute the registered sale deed before the jurisdictional sub-registrar on receipt of the balance sale consideration. In spite of repeated request and demand and in spite of showing petitioner's continuous readiness and willingness to perform her part of the contract, the defendants have not executed the sale deed. Being aggrieved by the inaction on the part of the respondents to perform their part of the contract, writ petitioner filed a suit for specific performance of the contract in O.S.No.509/1998 on the file of Prl. Civil Judge (Jr.Dn.) at Tumkur. When things stood thus, after inordinate delay of more than 10 years, on 7.8.2008 the respondents herein have filed I.A.No.7 under Section 2(d), 34 Article 5 (e) (i) and 20 of the Karnataka Stamp Act, 1957 r/w Section 151 of CPC seeking an order directing the petitioner herein to pay the requisite stamp duty along with penalty amount of Rs.54,450/- on Ex.P2 agreement of sale dated 10.12.1996 and failing to do so, to impound the document as per the provisions of law. Petitioner filed objections to said I.A.No.7. After hearing the parties, on 4.1.2010, the trial Court was pleased to pass an order on I.A.No.7 directing the petitioner to make payment of the stamp duty along with penalty amount of Rs.48,950/-. Being aggrieved by the impugned order dated 4.1.2010, petitioner herein filed W.P.No.2606/2010. In view of the orders of this Court in W.P.No.8892/2010 dated 7.9.2011, petitioner herein filed I.A.No.8 under Section 151 of CPC to consider her case on par with the orders of this Court. Without considering the same, the trial Court has rejected I.A.No.8 and directed the petitioner herein to pay the duty and penalty within one month from the date of order. Hence, petitioner is before this Court.

(3.) Heard the arguments of learned counsel appearing for the writ petitioner and also the learned counsel appearing for respondents-defendants.