- 1 - HC-KAR NC: 2025:KHC-D:9360 WP No. 104183 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104183 OF 2025 (GM-CPC) BETWEEN: SMT. SHEHANAZ BEGUM W/O. ABDUL GAFAR BETAGERI, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: BERBAND GALLI, HUBBALLI, REPRESENTED BY POWER ATTORNEY HOLDER, ABDUL GAFAR S/O. ALLABAKSH BETGERI, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O: BERBAND GALLI, OLD HUBBALLI, DIST: DHARWAD. …PETITIONER (BY SRI. VIJAY S. CHINIWAR & SRI. IRFAN I. JALGAR, ADVOCATES) AND: 1. PRAMOD S/O. ASHOK PATIL, AGE ABOUT 38 YEARS, OCC: AGRICULTURE, R/O: KARWAR ROAD, HUBBALLI – 580 024, DIST: DHARWAD. 2. SMT. KANCHANA W/O. ASHOK PATIL, AGE ABOUT 69 YEARS, OCC: HOUSEHOLD , R/O: KARWAR ROAD, HUBBALLI - 580 024, DIST: DHARWAD. 3. ANANT S/O. ASHOK PATIL, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O: NEAR BAFANA LAYOUT, KARWAR ROAD, HUBBALLI – 580 024, DIST: DHARWAD. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Date: 2025.08.01 15:03:20 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9360 WP No. 104183 of 2025 4. THE SENIOR SUB REGISTRAR, MINI VIDHANA SOUDHA, HUBBALLI SOUTH, HUBBALLI, DIST: DHARWAD. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS, HUBBALLI – 580 020, DIST: DHARWAD. 6. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE REPRESENTED BY ITS SECRETARY, VIDHANASOUDHA, BENGALURU – 01. 7. THE TAHASILDAR, HUBBALLI, TALUK: HUBBALLI, DIST: DHARWAD. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R4 TO R7; NOTICE TO R1 TO R3 IS DISPENSED WITH V/O DATED: 29.07.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT QUASHING THE IMPUGNED ENDORSEMENT DATED 9/12/2022 BEARING NO.RGN/19/22-23 ISSUED BY RESPONDENT NO.4 AT VIDE ANNEXURE-F AND THE IMPUGNED ENDORSEMENT DATED 5/12/2024 IN BEARING NO. KRA.SUM:BHUDHASANI/VIVA/332/E-538108/2024- 25 DATED 05.12.2024 ISSUED BY RESPONDENT NO.5 AT VIDE ANNEXURE – K. AND; ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO EXECUTE THE SALE DEED AS PER THE DECREE IN FAVOUR PETITIONER/DECREE HOLDER VIDE ANNEXURE – A, IN THE INTEREST OF JUSTICE AND EQUITY. DECLARE THAT THE NOTIFICATION/CIRCULAR DATED BEARING NO.SANKYA:KUME 85 BHUDASA 2018 DATED 12.11.2021 ISSUED BY RESPONDENT NO.5 ALONG WITH IMPUGNED ENDORSEMENT AT VIDE ANNEXURE – L IS NOT APPLICABLE TO THE CASE OF THE PETITIONER AS THE ACQUISITION OF RIGHT IN RESPECT OF PETITION PROPERTY IS BY VIRTUE OF A DECREE PASSED BY THE COMPETENT CIVIL COURT IN O.S.NO.286/2008 ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC HUBBALLI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:9360 WP No. 104183 of 2025 THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A. Issue Writ in the nature of certiorari or any other appropriate writ quashing the Impugned Endorsement dated 9/12/2022 bearing no.RGN/19/22-23 issued by Respondent No.4 at vide Annexure-F and the impugned endorsement dated 5/12/2024 in bearing No. Kra.Sum:BHUDHASANI/VIVA/332/E-538108/2024-25 dated 05.12.2024 issued by Respondent No.5 at Vide Annexure – K. and; B. Issue Writ in the nature of Mandamus directing the Respondent No.4 to execute the sale deed as per the decree in favour petitioner/Decree Holder Vide Annexure – A, in the interest of Justice and Equity. C. Declare that the notification/Circular dated bearing no.SANKYA:KUME 85 BHUDASA 2018 dated 12.11.2021 issued by Respondent No.5 along with impugned endorsement at vide Annexure – L is not applicable to the case of the petitioner as the acquisition of right in respect of petition property is by virtue of a Decree passed by the competent Civil Court in O.S.No.286/2008 on the file of I Additional Civil Judge and JMFC Hubballi, in the interest of Justice and Equity. D. Any other and further relief as this honorable court deems fit and just in the ends of justice. - 4 - HC-KAR NC: 2025:KHC-D:9360 WP No. 104183 of 2025 2. The grievance of the petitioner is that the respondents have insisted upon furnishing of 11E sketch for the purpose of registration of a sale deed directed to be so registered, in pursuance of a decree passed in favour of the petitioner in O.S.No.286 of 2008, by the Executing Court in E.P.No.104 of 2017. His submission is that a 11E sketch, would not be required insofar as execution of a decree is concerned, and in that regard, he relies upon the order dated 02.12.2024 in WP No.26043 of 2024. 3. This Court has consistently held that insofar as a contested decree passed in the civil proceedings, there would be no requirement of an 11E sketch to be produced at the time of registration of the sale deed. Of course, if it is a private transaction between private parties and or if it is a compromise decree, a 11E sketch would be required. In that view of the matter, I pass the following: - 5 - HC-KAR NC: 2025:KHC-D:9360 WP No. 104183 of 2025 ORDER i) Writ petition is allowed. ii) A certiorari is issued. The impugned endorsement dated 09.12.2022 bearing No.RGN/19/22-23 issued by respondent No.4 vide Annexure-F and the endorsement dated 05.12.2024 bearing No.Kra.Sum: BHUDHASANI/VIVA/332/E-538108/2024-25 issued by respondent No.5 vide Annexure-K are quashed. iii) Respondent No.4 is directed to register the sale deed to be executed in favour of the petitioner without insisting upon 11E sketch. SD/- (SURAJ GOVINDARAJ) JUDGE AM/- CT-ASC List No.: 1 Sl No.: 58