- 1 - HC-KAR NC: 2025:KHC:42698 WP No. 26100 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 26100 OF 2025 (GM-CPC) BETWEEN: 1. SRI. B. UMESH, S/O. LATE GOVINDEGOWDA, AGED ABOUT 49 YEARS 2. SMT. KEMPAMMA, W/O. LATE GOVINDEGOWDA, AGED ABOUT 75 YEARS 3. SRI. MARISWAMY G., S/O. LATE GOVINDEGOWDA, AGED ABOUT 55 YEARS PETITIONER NOS.1 TO 3 ARE R/AT BIDARAHALLI VILLAGE, C.A.KERE HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 422. …PETITIONERS (BY SRI. P.D. SUBRAHMANYA, ADVOCATE) AND: 1. SMT. LAKSHMAMMA W/O. MADAIAH, D/O. LATE GOVINDEGOWDA, AGED ABOUT 57 YEARS, R/AT GATTIGOPPALU VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 430. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42698 WP No. 26100 of 2025 2. SMT. RATHNAMMA W/O. CHIKKANNA, D/O. LATE GOVINDEGOWDA, AGED ABOUT 52 YEARS, R/AT LAKSHMEGOWDANADODDI VILLAGE, C.A.KERE HOBLI, MADDUR TALUK, MANDYA-DISTRICT - 571 422. 3. SMT. GOWRAMMA W/O. RAMESH, D/O. LATE GOVINDEGOWDA, AGED ABOUT 46 YEARS, R/AT BANASAMUDRA VILLAGE, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 430 4. SRI. PRAVEEN GOWDA G.K., S/O. KANTHARAJU, AGED ABOUT 21 YEARS, R/AT GUDIGERE VILLAGE, C.A.KERE HOBLI, MADDUR TALUK, MANDYA-DISTRICT - 571 422. …RESPONDENTS (BY SRI. VASANTHA KUMAR K.M, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE CIVIL JUDGE AND JMFC, MADDUR, TO ISSUE FRESH REVALIDATED STAMP PAPER DECREE FOR REGISTRATION DRAWN IN OS NO. 449/2022 DATED 24.06.2023 (ANNX-E) AND ISSUE FRESH LETTER ADDRESSING THE JURISDICTIONAL SUB-REGISTRAR FOR REGISTRATION OF THE FINAL DECREE INDICATING EXEMPTION FROM PERSONAL APPEARANCE AT THE TINE OF REGISTRATION UNDER SECTION 88 (i) OF THE INDIAN REGISTRATION ACT, 1908 IN FAVOUR OF THE PETITIONER (ANNEXURE-H DTD. 02.08.2025). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 3 - HC-KAR NC: 2025:KHC:42698 WP No. 26100 of 2025 ORAL ORDER Learned counsel Sri. P Subrahmanya Dattatreya is present on behalf of the petitioners. 2. Learned counsel Sri. Vasantha Kumar K M files vakalath for respondents. The same is accepted. 3. This petition is filed seeking writ of mandamus for a direction to the learned Senior Civil Judge and JMFC, Madduru, to issue fresh validated stamp paper decree for registration in O.S.No.449/2022 dated 24.06.2023 and also to issue fresh letter addressing the Sub-Registrar for registration of the decree passed by the Court in the above mentioned original suit. 4. I have heard learned counsel for both parties. 5. The brief facts of the case are as under: Petitioner No.1 had filed a suit in O.S.No.449/2022 on the file of Senior Civil Judge, JMFC, Madduru, against petitioner Nos. 2 and 3 and respondents Nos. 1 to 4 for partition and separate possession. During the pendency of - 4 - HC-KAR NC: 2025:KHC:42698 WP No. 26100 of 2025 the suit, a compromise petition was filed under Order 23 Rule 3 of Code of Civil Procedure, 1908 in the original suit proceedings and the same was accepted and it was disposed of. Compromise decree was drawn. The petitioner obtained a stamp paper decree for registration and covering letter addressed to the jurisdictional Sub- Registrar for registration of the decree. Thereafter, for certain reasons, petitioner No.1 field an application for correction of the plaint of the compromise petition and the decree was rectified by allowing the application as well as correction by correcting the decree. In view of the fact that the registration of the decree was not completed within the time permitted under the Indian Registration Act, 1908, the petitioner No.1 had obtained revalidated decree dated 24.10.2024 with covering letter dated 24.10.2024 addressed to the jurisdictional Sub-Registrar. However, due to the delay in the process of holding survey of the landed schedule properties and preparation of survey sketch, registration of the compromise decree was - 5 - HC-KAR NC: 2025:KHC:42698 WP No. 26100 of 2025 not completed for the second time as well from the date of issuance of revalidated stamp paper decree and covering letter dated 24.10.2024. Hence the registration was not completed as per the time limit prescribed. 6. The Petitioner No.1 submitted another application for deletion of the said property from plaint schedule and sought for amendment of the plaint, compromise petition and decree. The trial Court on hearing both the sides, allowed the application of the petitioner No.1 for amendment of the plaint of the compromise decree and the same was carried out. Thereafter, again the petitioner No.1 presented the stamp paper decree for registration on 23.07.2025 and the Petitioner No.1 was issued with endorsement dated 25.07.2025 by the Senior Sub-Registrar, Madduru expressing impermissibility in registration of the decree and directed him to bring fresh revalidated stamp paper decree for registration and covering letter. Thereafter the Petitioner No.1 submitted two more applications for - 6 - HC-KAR NC: 2025:KHC:42698 WP No. 26100 of 2025 advancement of the case and another for revalidation of the stamp paper decree with a covering letter to be addressed to the Sub-Registrar indicating exemption from personal appearance at the time of registration. The trial Court refused to receive the applications submitted by the petitioner No.1 and hence petitioners are before this Court to consider the applications. Aggrieved by the same, petitioners are before this Court. 7. I have heard learned counsel for the petitioners and learned counsel for the respondents. There is no quarrel with regard to the judgment and decree on the basis of the compromise petition. So also the compromise decree that is drawn with the consent of both the petitioners and the respondents. The only issue is with regard to the date having not been complied within the permissible time limit under the Registration Act. 8. In view of the fact that the parties have entered into a compromise petition, the trial Court having issued the stamp paper decree and covering letter earlier, but the - 7 - HC-KAR NC: 2025:KHC:42698 WP No. 26100 of 2025 same now having not been complied within the time limits specified, the issue has cropped up and the petitioners and the respondents are unable to enjoy the fruits of the decree despite the decree having been passed by way of a compromise. 9. Learned counsel for the petitioners and the respondents who are present before Court along with the parties physically, submit that there is no dispute with regard to the compromise and all are agreeable for the stamp paper decree to be drawn and for the registration. 10. Accordingly, having not found any illegality or flaw in the applications that which are filed, this Court deems it appropriate to pass the following: ORDER i. Writ Petition is allowed. A direction is issued to the learned civil Judge and JMFC Maddur, to issue fresh revalidated stamp - 8 - HC-KAR NC: 2025:KHC:42698 WP No. 26100 of 2025 paper decree for registration in O.S.No. 449/2022. ii. The trial Court shall issue fresh letter addressing to the jurisdictional Sub-Registrar for registration of the final decree and also if required exempting a personal appearance, within a period of three weeks from the date of receipt of copy of this order. iii. Accordingly, petition is disposed of. Registry to show the name of learned counsel for the respondents. Sd/- (PRADEEP SINGH YERUR) JUDGE BSV List No.: 1 Sl No.: 46