IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 30 TH DAY OF OCTOBER, 2014 BEFORE THE HON’BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR WRIT PETITION No. 105464/2014 (GM-CPC) BETWEEN : SHIVAYYA S/O. SHIDRAMAYYA SALIMATH AGE: 52 YEARS, OCC: BUSINESS, R/O. APURWA NAGAR, BEHIND MANJUNATH NAGAR, GOKUL ROAD, HUBLI –30. ... PETITIONER (BY SMT. SUMANGALA CHAKALABBI, ADV. FOR SRI. A.C.CHAKALABBI ASSOCIATES.) AND 1. GADIGEYYA S/O. SHIDRAMAYYA SALIMATH AGE: 56 YEARS, OCC: BUSINESS & AGRICULTURE R/O KARAJAGI ONI, OLD HUBLI HUBLI –580024. 2. GANGADHAR S/O. SHIDRAMAYYA SALIMATH AGE: 57 YEARS, OCC: BANK SERVICE, R/O. H NO. 145, I FLOOR, SIDDESHWAR PARK, HUBLI –580031. 3. NIRMALA W/O. SHIVAYYA SALIMATH AGE: 48 YEARS, OCC: HOUSEHOLD WORK R/O. PLOT NO. 200, VENKATESH COLONY, GOKUL ROAD, BEHIND MANJUNATH NAGAR, HUBLI. ... RESPONDENTS (BY SRI. PRAKASH ANDANIMATH, ADV. FOR R1, SRI. SUNIL DESAI, ADV. FOR M/S GOULAY ASSOCIATES FOR R2.) 2 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE HON'BLE III ADDL.SR.CIVIL JUDGE, HUBLI ON IA DATED 19.04.2014 IN O.S.NO.200/2008 DATED 19.04.2014 (ANNEXURE-A). THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER By the impugned order, the Court below has directed defendant No.2 to pay stamp duty on Exs.D.34, 35 and 37. So far as the payment of stamp duty on Ex.D.37 is concerned, petitioner/defendant No.2 is not aggrieved. However, defendant No.2/petitioner is aggrieved by the order of the Court below directing him to pay stamp duty on Exs.D.34 and 35 at Rs.15,345/- and Rs.23,045/-. 2. The Court below treating the documents at Exs.D.34 and 35 as the bonds quantified the stamp duty (as per Article 12 of the Karnataka Stamp Duty). 3. I have gone through the two documents i.e., Exs.D.34 and 35 in depth. I find that the documents in 3 question, at the most, can be called as documents of acknowledgement of debts. In the said documents, Shivayya s/o Siddaramayya Salimath has stated that he has received certain amount from Sri Ravi Basavanneppa Dharmannavar and that the said amount will be repaid to said Sri Ravi Basavanneppa Dharmannavar within one year. The rate of interest is not stated. It is also mentioned that the amount in question shall be treated as hand loan. 4. From going through the documents, it is clear that said Shivayya s/o Siddaramayya Salimath has acknowledged the debts which he has received from Sri Ravi Basavanneppa Dharmannavar. Therefore, the stamp duty needs to be paid by the petitioner as per Article 1 of the Karnataka Stamp Act and not as per Article 12. Accordingly, the following order is made: 4 The impugned order stands quashed. The petitioner is directed to pay stamp duty on Exs.D.34 and 35 as per Article 1 of the Karnataka Stamp Act. Writ petition is allowed accordingly. SD/- JUDGE Jm/- CT: byg.