VIJAY KUMAR S.N Vs. S.K. NAGARAJ

JUDGEMENT

(1.) The petitioners being the plaintiffs in their declaration & partition suit in O.S.no.26485/2018 are invoking the writ jurisdiction of this Court for laying a challenge to the orders dated 28.05.2019 7 06.06.2019 made by the learned 26th Additional City Civil Judge, Mayo Hall, Bengaluru, respectively at Annexures - G & J whereby the subject document having been impounded, they are directed to pay the deficit stamp duty along with penalty at the rate of ten times thereof. Third respondent - defendant having entered Caveat through his counsel, resists the writ petition.

(2.) Learned counsel for the petitioner taking the Court through the provisions of Chapter IV of the Karnataka Stamp Act, 1957 argues that the document in question could not have been impounded and that the petitioners could not have been directed to pay the deficit stamp duty and the penalty in a huge sum of Rs.1,60,600/-; the Court below could not have itself assessed the deficit stamp duty and the penalty when the law mandates the other authorities to decide it. Learned counsel for the third respondent - Caveator opposes the writ petitions.

(3.) I have heard the learned counsel for the petitioner and the learned counsel appearing for the third respondent. I have perused the writ petition papers. Though the matter is listed for Preliminary Hearing, with the consent of learned counsel for the parties, is taken up for final disposal.