- 1 - HC-KAR NC: 2025:KHC-D:9406 WP No. 104789 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104789 OF 2025 (GM-CPC) BETWEEN: 1. THAMMANNA S/O. LATE DURGAPPA BHOVI VADDAR, AGED ABOUT 52 YEARS, OCC: AGRICULTURE. 2. BASAVARAJ S/O. LATE DURGAPPA BHOVI VADDAR, AGED ABOUT 42 YEARS, OCC: AGRICULTURE, BOTH RESIDING AT JAMBESAI / SABAGERI VILLAGE, YELLAPUR TALUK, KARWAR DISTRICT – 581 359. …PETITIONERS (BY SRI. GANESH RAIBAGI, ADVOCATE) AND: 1. THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, DR. AMBEDKAR VEEDI, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU – 560 001. 3. THE DEPUTY COMMISSIONER, KARWAR DISTRICT (UK), KARWAR – 581 301. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9406 WP No. 104789 of 2025 4. THE ASSISTANT COMMISSIONER, SIRSI SUB-DIVISION, SIRSI TALUK, KARWAR DISTRICT – 581 401 (U.K). 5. THE TAHSILDAR, YALLAPUR TALUK, KARWAR DISTRICT – 581 359 (U.K). 6. SMT. SUMITRA BAI, W/O. NAGESH NADAKARNI, AGED ABOUT MAJOR, R/AT: SABAGERI VILLAGE, YELLAPUR TALUK, KARWAR DISTRICT – 581 359 (U.K). …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 02.07.2025 PASSED ON I.A. NO. 5 IN O.S. NO.20/2021 BY THE LEARNED SENIOR CIVIL JUDGE AND PRL. JMFC, YELLAPUR, PRODUCED AT ANNEXURE-F. CONSEQUENTLY, ALLOW I.A. NO. 5 AND DIRECT THE LEARNED TRIAL JUDGE TO MARK THE UNREGISTERED SALE DEED DATED 06.04.1972 IN EVIDENCE, SUBJECT TO PROOF, RELEVANCY, AND OBJECTIONS, IF ANY, AND AFTER FOLLOWING THE DUE PROCEDURE FOR IMPOUNDING AND COLLECTION OF STAMP DUTY AND PENALTY, IF APPLICABLE AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9406 WP No. 104789 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 5, notice to Respondent No.6 is dispensed with in view of the submission made that she was placed exparte. 2. The petitioners are before this Court seeking for the following reliefs: i. Issue a Writ of Certiorari or any other appropriate writ, order, or direction, quashing the impugned order dated 02.07.2025 passed on I.A. No. 5 in O.S. No.20/2021 by the learned Senior Civil Judge and Prl. JMFC, Yellapur, produced at Annexure-F; ii. Consequently, allow I.A. No. 5 and direct the learned Trial Judge to mark the Unregistered Sale Deed dated 06.04.1972 in evidence, subject to proof, relevancy, and objections, if any, and after following the due procedure for impounding and collection of stamp duty and penalty, if applicable. iii. Pass such other order or orders as this Hon’ble Court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity. 3. The petitioners had filed a suit for declaration and injunction in OS No.20/2021, contending that their father, Sri.Durgappa had purchased the suit property - 4 - HC-KAR NC: 2025:KHC-D:9406 WP No. 104789 of 2025 from respondent No.6 on 06.04.1972, and from then on, they had been in possession of the property. In the evidence of PW.1, the petitioners sought to produce the aforesaid unregistered Sale Deed dated 06.04.1972, which, on being objected to by the respondents, was denied marking in during the course of examination-in-chief. It is in that background that the petitioners are before this Court. 4. Sri.Ganesh Raibagi, learned counsel for the petitioners, would submit that the unregistered Sale Deed dated 06.04.1972 has been pressed into service for the collateral purpose of establishing the possession of the petitioners as also to seek for specific performance on that basis, and as such, there is no bar under Section 49 of the Registration Act, 1908, for such production for collateral purposes an seeking for specific performance. If the said document is not permitted to be produced and exhibited, grave loss and hardship would be caused - 5 - HC-KAR NC: 2025:KHC-D:9406 WP No. 104789 of 2025 to the petitioners, since the petitioners would not be able to establish possession in the document as also seek for specific performance. He submits the order passed by the Trial Court is bad in law and is required to be set aside. 5. Learned AGA who has accepted notice for respondent Nos.1 to 5 would submit that in view of the amendment to the Karnataka Land Reforms Act, the occupancy rights being required to be determined, the name of the State has been entered into the revenue records way back in the year 1974 and thereafter the name of the State being found in the records, no Sale Deed having been executed in favour of the petitioners, the relief sought for declaration of title could not be granted on the basis of a unregistered Sale Deed. 6. Heard. Perused the writ petition papers. 7. The short question that would arise is whether an unregistered Sale Deed could be pressed into service - 6 - HC-KAR NC: 2025:KHC-D:9406 WP No. 104789 of 2025 and marked in evidence when the relief sought in the suit is for a protecting the possession and seeking for specific performance. 8. The reliefs sought for in OS No.20/2021 filed by the petitioners is as under: “a) To declare that, the plaintiffs are the absolute owner of the suit schedule properties as per the sale deed dated 06.04.1972. b) To set aside the alleged illegal entries made in column No.9 and other columns of RTC's of the suit schedule properties. c) To direct the defendants to execute the registered sale deed infavour of plaintiffs. d) If the defendants fails to execute registered sale deed then this Hon'ble court be pleased to appoint the court commissioner and direct the concerned Sub-registrar to register sale deed in favour of plaintiffs by virtue of this Hon'ble court order. e) Issue a Permanent Injunction order against the defendants and restrain them their servants and under them from not interfere with the peaceful possession and enjoyment of suit schedule properties. f) For cost and grant of such other relief/s as this Hon’ble Court deems fit.” 9. A perusal of the above reliefs would indicate that what the petitioners seek for is declaration that the petitioners are the absolute owners as per the Sale - 7 - HC-KAR NC: 2025:KHC-D:9406 WP No. 104789 of 2025 Deed dated 06.04.1972, a direction to the defendants to execute a registered Sale Deed in favour of the plaintiffs and in the event of defendants failing to execute a registered Sale Deed, then the Court to appoint a Court Commissioner to register the Sale Deed. 10. In essence what has been sought for, if prayer No.1 is eschewed is for specific performance of the unregistered Sale Deed dated 06.04.1972, a Sale Deed if unregistered, could be sued upon to establish the right of the party as a purchaser of the property under the said deed. 11. A perusal of the aforesaid relief indicating that the reliefs which have been sought for are in the nature of specific performance and in pursuance thereto declaration of the plaintiffs as the absolute owners, I am of the considered opinion that the embargo under Section 49 of the Indian Registration Act, 1908 would not come in the way of exhibiting the said document - 8 - HC-KAR NC: 2025:KHC-D:9406 WP No. 104789 of 2025 inasmuch as even an unregistered and inadequately stamped document could be exhibited. In the event of a document not being adequately stamped, the said document could always be impounded, referred to the Deputy Commissioner for valuation, and the correct stamp duty imposed on the said document with a penalty. 12. In that view of the matter, when the claim is in the nature of specific performance, the defences addressed by the State would have to be considered by the Court seized of the matter, and as such, I refrain from making any observation thereon. 13. As such, I pass the following: ORDER i. Order dated 02.07.2025 passed on IA No.5 in OS No.20/2021 by the Senior Civil Judge and Principal JMFC, Yellapur at Annexure-F is set aside. Consequently, IA No.5 is allowed. - 9 - HC-KAR NC: 2025:KHC-D:9406 WP No. 104789 of 2025 ii. The Trial Court is directed to permit the petitioners to mark the unregistered Sale Deed dated 06.04.1972 as evidence to seek for the relief of specific performance and not declaration on the basis of such unregistered Sale Deed and as per the observation made hereinabove. Sd/- (SURAJ GOVINDARAJ) JUDGE SH/CT-ASC List No.: 1 Sl No.: 48