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Judgment
Huluvadi G. Ramesh, J.—Heard the learned counsel appearing for parties. It appears that a dispute is pending before the Trial Court in the suit filed by the respondents on the ground that respondents herein have paid an advance amount of Rs. 2.57 Crores to the appellants to reserve two flats.
The grievance of the plaintiffs/respondents is that all the 56 flats have been sold based on Power of Attorney. The order passed by the Civil Court is appealable before the District Court and not before the High Court. It is further submitted that there is admission by the defendants/appellants in the written statement regarding payment of money and also submitted that appeal is not maintainable and sufficient duty has been paid.
The learned counsel for the appellants submits that appeal is maintainable. Referring to Section 35 of the Karnataka Stamp Act, 1957 he submitted that no consideration is passed. Further, relying upon the decision of this Court in the case of K.B. Jayaram and Another Vs. Navineethamma and Others, wherein it is observed that where a document/agreement to sell is not duly stamped as per relevant provisions of Karnataka Stamp Act 1957, the Court has power to refuse injunction, counsel contended that insufficient stamp paper has been used for creating documents. He submitted that appellants will undertake to protect the interest of the respondents by reserving two flats pending disposal of the suit before the Trial Court and seeks for direction to the Trial Court to expedite the matter. He further submits that because of the interim order passed by the Trial Court, he is put to hardship and he is not in a position to dispose of the remaining flats.
Having heard the learned counsel for the parties, might be with regard to irregularities and insufficient stamp paper the matter could not be adjudicated in course of time. To decide the lis between the parties and to protect the interest of the parties, it is for the appellants herein to extend Bank Guarantee to the said amount of Rs. 1.50 Crores within four weeks from today and it is hereby ordered that on such assurance, the matter could be expedited before the Trial Court. All the contentions are kept open to be urged before the Trial Court.
Accordingly, the appeal is disposed of.