Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:24024 WP No. 17912 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17912 OF 2025 (GM-ST/RN) BETWEEN:
SRI. JNANESHWAR, SON OF LATE K.G.MARIYAPPA, AGED ABOUT 33 YEARS, RESIDING AT KRS AGRAHARA, KUNIGAL TOWN AND TALUK, TUMAKURU DISTRICT, PINCODE - 572 130 …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE - 560 001.
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2.
THE COMMISSIONER, DEPARTMENT OF STAMPS AND REGISTRATION, 8TH FLOOR, KANDAYA BHAVAN, BANGALORE, PINCODE - 560 009.
3.
THE SUB REGISTRAR, KUNIGAL TOWN AND TALUK,
Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:24024 WP No. 17912 of 2025
TUMAKURU DISTRICT, PINCODE - 572 130.
4.
SRI K.V. RAMKRISHNA, SON OF LATE T.VENKATARAMAIAHAIAH, AGED ABOUT 69 YEARS, RESIDING AT #243/1, LAKSHMI KRUPA, T. DASARAHALLI, BANGALORE, PINCODE - 560 056. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., LEARNED AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ENDORSEMENT DATED 20.05.2025 VIDE KNL.NO. 21/2025-26 ISSUED BY THE R-3 AS PER ANNX-F AND DIRECT THE R-3 TO REMOVE THE O.S.NO.2/2019 IN THE KAVERI APPLICATION BY PERMITTING THE PETITIONER TO PROCEED WITH THE REGISTRATION AS PER LAW AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
Learned counsel for the petitioner has sought for setting aside of the endorsement dated 20.05.2025 at Annexure - F.
- 3 -
HC-KAR NC: 2025:KHC:24024 WP No. 17912 of 2025
In terms of the said endorsement, the office of the Sub Registrar has observed that the interim order granted in O.S.No.02/2019 dated 07.02.2019 has been entered in their records and the request of the petitioner to remove such entry cannot be considered till order is passed by the Civil Court vacating the interim order.
2.
Learned counsel for the petitioner draws attention to the order sheet / daily court proceedings, copy of which is produced at Annexure - D. It is noticed that the interim order that was initially passed on 07.02.2019 has been extended on subsequent dates. The last of such date when it was extended till the next date of hearing is the order passed on 23.08.2019. Subsequently on 23.08.2019 there is no order of extension of interim order. From such date, till the present date the order sheet produced does not reflect any order by the Court extending the interim order. If that were to be so, the request of the petitioner is that mentioning of the interim order in the Kaveri portal requires to be deleted requires acceptance. Once an interim order is not extended and accordingly is not in force the Sub Registrar cannot insist for an order of the Court vacating such interim order.
- 4 -
HC-KAR NC: 2025:KHC:24024 WP No. 17912 of 2025
3. By non extension, the interim order does not remain in force. Accordingly, the endorsement at Annexure - F is set aside. The representation of the petitioner at Annexure-E to be reconsidered in light of the observations made above and the orders to be passed within a period of 10 days from the date of receipt of order.
4. Accordingly, petition is disposed off.
Sd/- (S SUNIL DUTT YADAV) JUDGE
SHS List No.: 1 Sl No.: 9