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2025 DAILYLAW 41500 (KAR)

MUNIRAMA v. THE STATE OF KARNATAKA

WP/16411/2023 · 2025-10-23

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:41728 WP No. 16411 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 16411 OF 2023 (GM-ST/RN) BETWEEN: 1. MUNIRAMA S/O R. NARAYANAPPA, AGED ABOUT 55 YEARS, RESIDING AT NO.10, 3RD MAIN ROAD, MUNIRAMANNA BLOCK, GANGANAGARA, BENGALURU - 560032. ….PETITIONER (BY SRI. VISHWANATHA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REGISTRAR AND STAMP DEPARTMENT, CHIKKAJALA, BEHIND TRAFFIC POLICE STATION, NH-7, INTERNATIONAL AIRPORT ROAD, CHIKKAJALA, BENGALURU - 562157 REPRESENTED BY THE DISTRICT REGISTRAR. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41728 WP No. 16411 of 2023 2. THE SENIOR SUB REGISTRAR GANDHINAGARA (JALA), BANGALORE YELAHANKA TALUK-560064. 3. V. GOVINDARAJU S/O V. VENKATESH, AGED ABOUT 43 YEARS, RES,AT NO.27, SHASHIKALA MANSON, BEHIND IMPACT POLYTECHNIC, SAHAKARANAGARA POST, KODIGEHALLI BENGALURU - 560095. 4. JAVAREGOWDA S/O LATE RAJEGOWDA, AGED ABOUT 58 YEARS, RESIDING AT HIREKALE, K R PET TALUK, MANDYA DISTRICT-571426. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 &R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSEMENT DATED 06.10.2023 VIDE KRA SA UNOKA/JALA/ETHARRE/52/2023-24 ISSUED BY THE RESPONDENT NO.2 IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-A. - 3 - HC-KAR NC: 2025:KHC:41728 WP No. 16411 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Sri. Mahantesh Shettar, learned Additional Government Advocate accepts notice for respondent Nos.1 and 2. 2. Heard learned counsel appearing for the parties. 3. Sri. Vishwanatha K., learned counsel appearing for the petitioner invited the attention of the Court to the Judgment in RFA No.540/2015, dated 29.03.2023 (Annexure-C) and contended that, this Court had cancelled the Agreement of Sale dated 26.03.2007, registered before the Sub-Registrar, Jala, Bengaluru, and therefore it is submitted that the impugned endorsement (Annexure-A) dated 06.10.2023 issued by respondent No.2, be set aside. 4. Per contra, learned Additional Government Advocate sought to justify the impugned order at Annexure-A and submitted that it is open for the petitioner to approach the - 4 - HC-KAR NC: 2025:KHC:41728 WP No. 16411 of 2023 Executing Court seeking cancellation of the Agreement of Sale dated 23.06.2007 in terms of the Judgment and Decree passed by this Court in RFA No.540/2015 and accordingly, he sought for dismissal of the Writ Petition. 5. In the light of the submissions made by the learned counsel appearing for the parties, on careful consideration of the Judgment and Decree passed by this Court in RFA No.540/2015, therein, this Court has held that the Agreement of Sale dated 23.06.2007 is not binding on the plaintiff and accordingly, it came to be cancelled. It is also to be noted that in the said proceedings before this Court, the notice to respondent is held as sufficient. In that view of the matter, it is open for the petitioner herein to approach the competent Executing Court seeking cancellation of the Agreement of Sale dated 23.06.2007 in terms of the Judgment passed by this Court in RFA No.540/2015. It is also to be noted that no direction has been issued by this Court in RFA No.540/2015 to the respondent - authorities. Therefore, I find force in the submission made by the learned Additional Government - 5 - HC-KAR NC: 2025:KHC:41728 WP No. 16411 of 2023 Advocate. Accordingly, it is open for the petitioner herein to approach the Executing Court seeking similar direction. 6. Accordingly, the Writ Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 21