Ashok Bhushan, J. - (1.) This appeal has been filed against the judgment of Karnataka High Court, Dharwad Bench dated 17.07.2014 disposing of the writ petition filed by the respondent herein.
(2.) Brief facts of the case necessary to be noticed for deciding this appeal are: The appellants/plaintiffs entered into agreements to sell with respondent-defendant dated 12.04.2005 and 16.05.2006 and earnest money of Rs.1,40,000/- was paid. The appellants filed Suit No.863 of 2008 and Suit No.864 of 2008 praying for specific performance of contract. Another suit filed by the sister of the defendant being O.S.No.327 of 2008 was also clubbed. The Principal Civil Judge impounded agreements to sell filed by the plaintiffs in Suit Nos.863 and 864 of 2008 with direction to the plaintiff to pay deficit duty and penalty vide order dated 27.09.2010. Plaintiffs challenged the order by means of Writ Petition Nos.69264-65/2010 and 69263/2010 which were disposed of by the High Court vide its judgment dated 14.03.2013 directing the Principal Civil Judge to permit the plaintiffs to place written submissions. After the order of the High Court, the Principal Civil Judge passed an order dated 22.04.2013 by which agreements to sell in question were admitted in evidence and marked for the plaintiffs in O.S.Nos.863 and 864 of 2008 on payment of deficit duty and penalty. Deficit duty in both the suits was determined as Rs.12013/- and Rs.20320/- respectively and the penalty imposed was double of the deficit duty in both the suits.
(3.) Aggrieved by the judgment of the Principal Civil Judge, respondent-defendant filed a writ petition in the High Court. The High Court disposed of the writ petition relying on a Division Bench judgment of Karnataka High Court in Digambar Warty and others vs. District Registrar, Bangalore Urban District and another, 2013 ILR(Kar) 2099. The High Court directed the courts below to levy the penalty at 10 times of the deficit duty as per judgment of Karnataka High Court in ILR 2013 KAR 2099. Aggrieved by the judgment of the High Court this appeal has been filed by the appellants.;