CHANDRASHEKAR Vs. LALITHAKUMAR

JUDGEMENT

(1.) Petitioners in both the writ petitions are before this Court assailing the order dated 02-09-2016 passed on I.A.No.10 in O.S.No.1/2012 on the file of the Principal Civil Judge and JMFC, Bhadravathi.

(2.) The rank of the parties would be referred to as they stand in the original suit.

(3.) The petitioner in W.P.No.62193/2016 is the defendant and respondent is the plaintiff in O.S.No.1/2016 which was initially filed for recovery of a sum of Rs.20,08,000/- with interest. Subsequently, the suit is amended and sought for a preliminary decree permitting the plaintiff to apply for final decree based on the alleged mortgage deed dated 20-11-1998 produced as Annexure-E to the writ petition. The defendant filed an application under Sections 33 and 34 read with Article 34 of the Karnataka Stamp Act, 1975 read with Section 17 of Registration Act and read with Section 151 of CPC to impound the deed of mortgage dated 20-11-1998 and endorsement dated 20-08-2001 produced by the plaintiff in the suit. In the affidavit, the defendant denied the execution of alleged documents and stated that the documents are not admissible in evidence as they are not duly stamped as per the provisions of Karnataka Stamp Act and also being compulsorily registrable and requested for impounding the said document. The plaintiff filed objections to the said application contending that the said document dated 20-11-1998 is a deed of simple mortgage. On obtaining loan of Rs.3,00,000/-, the plaint schedule property is mortgaged by handing over possession. The trial Court by its order dated 02-09-2016 partly allowed the application filed by the defendant and directed the plaintiff to pay the stamp duty and penalty of Rs.14,795/-. Further it is held that the document can be considered for collateral purpose, if duty and penalty is paid on the said document. The defendant is before this Court in W.P.No.62193/2016 challenging that portion of the order, by which the Court observes that the document can be considered for collateral purpose if duty and penalty is paid on the said document.