- 1 - HC-KAR NC: 2025:KHC:31766 WP No. 23009 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23009 OF 2025 (GM-ST/RN) BETWEEN: SHRI.RUDRAMURTHY S R AGED ABOUT 43 YEARS, S/O RUDRESHAPPA NO.61, AVINASH NIVAS, 6TH CROSS, 2ND MAIN ROAD, GAURAV NAGAR, J.P.NAGAR 7TH PHASE BENGALURU, KARNATAKA - 560 078. …PETITIONER (BY SRI. CHANDAN GOWDA PATIL.,ADVOCATE) AND: 1. THE BRUHATH BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BANGALORE 560 001 REPRESENTED BY ITS COMMISSIONER. 2. THE DISTRICT REGISTRAR OFFICE JAYANAGAR SUB-DIVISION, NO.4, OLD NO.622/623, 3RD FLOOR, 10TH A MAIN ROAD, 4TH BLOCK, JAYANAGAR, BANGALORE - 560 011. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31766 WP No. 23009 of 2025 3. THE SUB REGISTRAR OFFICE, BEGUR ROAD, JOSEPH DEVERA CHIKKANAHALLI, BENGALURU LAYOUT, 560 080. …RESPONDENTS (BY SRI. SATYANAND B S.,ADVOCATE FOR R1; SRI. RAHUL CARIAPPA, AGA FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION TO THE RESPONDENT NO. 2 AND RESPONDENT NO. 3 TO RECORD THE JUDGMENT DATED 31.08.2024 AND DECREE DATED 29.09.2024 IN OS NO. 1806/2023 DECLARING THE GIFT DEED DATED 29.09.2021 REGISTERED AS DOCUMENT NO. *BGR-1-06124-2021-22 IN BOOK NO. 01, STORED IN C.D. NO. *BGRD 1008, AS NULL AND VOID, WITHIN PERIOD OF THREE WEEKS VIDE ANNEXURE G AND ANNEXURE G1; B. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION TO THE RESPONDENT NO. 2 AND RESPONDENT NO. 3 TO ENTER THE NAME OF THE PETITIONER IN THE KHATHA OF THE SCHEDULE PROPERTY AS DETAILED IN THE SCHEDULE HEREUNDER VIDE ANNEXURE G. *Corrected vide Court order dated 31.01.2026. - 3 - HC-KAR NC: 2025:KHC:31766 WP No. 23009 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has succeeded against his wife in a suit in O.S. No.1806/2023 on the file of the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru [for short, 'the civil Court']. The civil Court has decreed the petitioner's suit declaring him the absolute owner of property bearing No. 67 old V.P. Katha No.858, Katha No.772/858/67 of Kammanahalli Village, Begur Hobli, Bengaluru South Taluk [the subject property] declaring that the Gift Deed dated 16.10.2021 results from undue influence, duress and coercion. The petitioner relying upon this Judgment and decree seeks directions to the authorities under the Registration Act, 1908 [for short, 'the Act'] to record the declaration in the relevant book with a direction to the first respondent, the Bruhat Bengaluru Mahanagara Palike [BBMP] to - 4 - HC-KAR NC: 2025:KHC:31766 WP No. 23009 of 2025 give effect to the revenue entries in his favour based on the decree. 2. Sri Chandan Gowda Patil, the learned counsel for the petitioner, submits that the entries relating to the Gift Deed dated 16.10.2021 must be cancelled in Book-I with the third respondent, and that there must be a change in revenue entries for the subject property based on the decree. Both Sri. B.S. Satyanand, the learned counsel for the first respondent-BBMP, and Sri. Rahul Cariappa, the learned Additional Government Advocate, point out that the entries in Book-I relating to the Gift Deed cannot be cancelled unless there is a decree for cancellation and the petitioner can only seek for registration of the decree in terms of Section 17 of the Act. 3. This Court is of the considered view that indeed the third respondent must consider whether the decree must be registered and if it cannot be - 5 - HC-KAR NC: 2025:KHC:31766 WP No. 23009 of 2025 registered, assign reasons and communicate the same to the petitioner so that the petitioner is aware of the reasons, if there could be any, against registration of the decree before this Court's jurisdiction under Article 226 of the Constitution of India is invoked in that regard. 4. As regards the petitioner's request for a change in the revenue entries based on the decree, Sri B.S. Satyanand submits that the petitioner may approach once the decree is registered. However, this Court is not persuaded to accept this contention. The civil Court's decree in favour of the petitioner will be a declaration in rem resulting in affirmation of the petitioner's title to the subject property with or without registration, and the revenue entries must follow. As such, the concerned from the first respondent must ensure the revenue entries are mutated based on the decree, even without a notice, if the katha for the subject property is mutated in - 6 - HC-KAR NC: 2025:KHC:31766 WP No. 23009 of 2025 favour of the petitioner’s wife. In the light of the afore, the following: ORDER [a] The petition stands disposed of with liberty to the petitioner to file a copy of the decree and a copy of this order with the third respondent for due consideration of registration of the decree under Section 17 of the Act observing that if the third respondent is of the view that the decree cannot be registered, the reasons therefor must be assigned. [b] The petitioner is at liberty to file a certified copy of this order with the third respondent within four [4] weeks from the date of receipt of the certified copy of this order. [b] The petitioner is similarly reserved with liberty to file a copy of the decree and - 7 - HC-KAR NC: 2025:KHC:31766 WP No. 23009 of 2025 certified copy of this order with the concerned Assistant Revenue Officer with the first respondent-BBMP and if the petitioner applies online with the copies as aforesaid within the eight [8] weeks, the concerned Assistant Revenue Officer shall ensure that there is due compliance over the next three [3] months. Sd/- (B M SHYAM PRASAD) JUDGE AN/-