- 1 - NC: 2025:KHC:8722 WP No. 20618 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 20618 OF 2021 (BDA) BETWEEN: N SARASWATHI DEVI W/O S SHANTHARAM D/O LATE NAGARAJA RAO MALLIKARJUNA AGED ABOUT 51 YEARS NO 144, 1ST CROSS, 3RD MAIN 2ND STAGE, KUMARASWAMY LAYOUT BANGALORE - 560 078. …PETITIONER (BY SRI. RAGHU PRAKASH BABU D.,ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, NEAR WINDSOR MANAR BRIDGE BANGALORE 560 020. 2. THE DEPUTY SECRETARY -2 BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST NEAR INDSOR MANAR BRIDGE BANGALORE - 560 020. 3. M N MANU @ MANJUNATHA RAO S/O LATE NAGARAJA RAO MALLIKARJUNA AGED ABUT 49 YEARS R/AT NO 12, 1ST FLOOR 12TH CROSS NEAR KANNIKAPARAMESHWARI Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8722 WP No. 20618 of 2021 OIL MILLS, BENDRENAGAR BSK 2ND STGE BANGALORE - 560 070. …RESPONDENTS (BY SRI. MURUGESH V CHARATI.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO EXECUTE THE REGISTERED SALE DEED IN RESPECT OF THE SCHEDULE PROPERTY BELONGING TO PETITIONER AS PER THE FINAL DECREE DATED 25.08.2015 WHICH IS AT ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court seeking issuance of writ of mandamus directing the respondent to execute the registered sale deed in respect of the schedule property belonging to petitioner as per the final decree dated 25.08.2015 which is at Annexure-C. 2. Case of the petitioner is that property bearing No.144, 1st Cross, III Main, Kumaraswamy II Stage, C Block, Bangalore-560 078 described in the schedule to the petition was allotted to her late father Nagaraja Rao Mallikarjuna by the respondent-BDA. A lease-cum-sale agreement dated - 3 - NC: 2025:KHC:8722 WP No. 20618 of 2021 07.05.1988 had been executed in his favour. That in terms of final decree dated 25.08.2015 passed in O.S.No.1937/2012 produced at Annexure-C, southern portion of the said property measuring East to West 30 feet and North to South 8.5 feet has been allotted to her share while the northern half portion has been allotted to the share of respondent No.3 therein. The petitioner had made an application dated 28.04.2018 to the respondent-BDA seeking execution of deed of sale in her name which has not been considered till date. Hence, the petition. 3. Respondent No.3-party-in-person in his statement of objections dated 03.05.2024 has contended while he has no objection for petitioner to get her share of the petition schedule property registered in her name, a direction be issued to the respondent-BDA to convey his share of property in his name. 4. Learned counsel for the respondent -BDA submit given some time, case of the petitioner and respondent No.3 would be reconsidered in accordance with law. 5. Hence, following; - 4 - NC: 2025:KHC:8722 WP No. 20618 of 2021 ORDER 1. Petition is disposed of. 2. The respondent-BDA shall consider the request of the petitioner for execution of deed of sale in favour of the petitioner and the respondent No.3 either jointly or severally as the case may be in the light of the final decree dated 25.08.20215 passed in O.S.No.1937/2012 as per Annexure-C. 3. Such action shall be taken and completed within an outer limit of four (4) months from the date of receipt of certified copy of this order. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 2 Sl No.: 129