Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11551 WP No. 33977 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33977 OF 2016 (GM-ST/RN)
BETWEEN:
SRI. SHREYAS B B S/O SRI. B. S. BADRINATH, AGED ABOUT 28 YEARS, RESIDING AT NO.1890, C/O. PARAG HOUSE, DODDAPETE, KOLAR - 563 101. …PETITIONER (BY SRI. P. B. RAJU, ADVOCATE)
AND:
1.
THE SENIOR SUB-REGISTRAR OFFICE OF THE SUB-REGISTRAR, KOLAR TOWN, KOLAR - 563 101.
2.
SRI. C. A. SUKUMAR S/O C. S. ASHWATHA NARAYANA, AGED ABOUT 43 YEARS, RESIDING AT NO.1315, BALAJIGARA BEEDHI, KATARIPALYA, KOLAR - 560 101.
3.
SRI. KIRAN KUMAR S/O C. S. ASHWATHA NARAYANA, AGED ABOUT 41 YEARS, RESIDING AT NO.1315, BALAJIGARA BEEDHI, BANGALORE - 560 101.
GPA HOLDER OF SRI. C. A. SUKUMAR S/O C. S. ASHWATHA NARAYAN. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1;
SRI. S.M. KULKARNI, ADVOCATE FOR R2;
VIDE ORDER DATED:18/3/2019, SERVICE OF NOTICE TO R3 IS ACCEPTED, R3 - KIRAN KUMAR)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:11551 WP No. 33977 of 2016
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE DOCUMENT OF SALE DATED.22.4.2016 VIDE ANNEXURE-E AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: i. Declare that the document of sale dated 22.04.2016 as Annexure-E in respect of the Schedule Property executed by the Respondent No.3 as Power of Attorney for the Respondent No.2 is duly registered document in terms of the Registration Act. ii. Alternatively issue a direction to the 1st Respondent to release the duly registered document of sale dated 22.04.2016 as Annexure-E in respect of the Schedule Property by removing the pending number of the documents. iii. Please to issue a Writ of Certiorari to quash the Endorsement dated 13.05.2016 L.No.P.475/16-17 of Annexure-J issued by Respondent No.1 iv. Be pleased to grant such other relief or relief's as this Hon'ble Court May deem fit in the facts and circumstances of the case.
2. Initially, the petition had been filed seeking for a declaration that the document presented for registration in the form of a sale deed to have been
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NC: 2025:KHC:11551 WP No. 33977 of 2016
duly registered and not to be kept pending on account of non-production of the Khata certificate. During the pendency of the above matter, there were various litigation between the vendor and certain third parties resulting in an arrangement being arrived at that the petitioner would no longer be purchasing the property.
3. Sri.P.V.Raju, learned counsel for the petitioner today submits that the relief which has been sought for in respect of the pending document would not be pressed. However, he seeks for directions to be the respondents to refund the stamp duty paid on the said document.
4. The said relief is not part of the relief which has been sought for in the present petition. Hence reserving liberty to the petitioner to submit necessary application/representation in that regard to respondent No.1 with a further direction to respondent No.1 to consider the same favorably
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NC: 2025:KHC:11551 WP No. 33977 of 2016
within a period of 30 days from the date on which the said application is submitted. The petition stands
disposed of.
5. Needless to say, respondent No.1 can pass necessary orders as regards the pending document indicating that the same has not been registered and cancel the process of the document which has been submitted for registration.
SD/- (SURAJ GOVINDARAJ) JUDGE
SR List No.: 1 Sl No.: 31 CT:SK