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2026 DAILYLAW 15328 (KAR)

SMT GEETHA C v. THE SENIOR SUB-REGISTRAR

WP/28438/2025 · 2026-02-23

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11043 WP No. 28438 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28438 OF 2025 (KLR-RR/SUR) BETWEEN: SMT. GEETHA C W/O C.VISHWANATHA REDDY, AGE 41 YEARS, OCC: BUSINESS, ADD: NO.2, ASHOK NAGARA, HAVAMBAVI, SIRUGUPPA ROAD, BELLARY - 584 109. …PETITIONER (BY SRI. DALWAI VENKATESH, ADVOCATE) AND: 1. THE SENIOR SUB-REGISTRAR MYSORE NORTH TALUKA, MYSURU - 570 001. 2. THE THASILDAR MYSORE NORTH TALUKA, MYSORE - 570 001. …RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ENDORSEMENT DATED 10-7-2025 ISSUED BY THE RESPONDENT NO.1 IN NO SUR; MYS NORTH/ RGN/ 295/2025- 26 PRODUCED AT ANNEXURE-H IN FAVOUR OF PETITIONER FORTHWITH IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:11043 WP No. 28438 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioner submits that the grievance of the petitioner is that respondent No.1-Senior Sub Registrar, Mysuru North Taluk is not returning the original sale deed dated 10.07.2012 even after directions are issued by this Court in W.P.No.10618/2025 dated 09.06.2025. On the other hand the impugned endorsement at Annexure-H is issued calling upon the petitioner to furnish the pahanis for returning the registered document. 2. Learned counsel submits that all the procedures contemplated under the Registration Act, 1908 have been followed and completed and what remains is the return of the document in terms of sub-Section (2) of Section 61 of the Registration Act, 1908. Learned counsel submits that the provision contained in Section 61 clearly provides that the endorsements and certificate referred to and mentioned in Sections 59 and 60 of the Act, after being complied, the Sub- Registrar is required to copy into the margin of the registered - 3 - HC-KAR NC: 2026:KHC:11043 WP No. 28438 of 2025 book, the contents of the deed and copy of the map or plan if any, mentioned in Section 21 of the Act, in book No.1. In terms of sub-Section 2 of the Act, the registration of the document shall thereupon be deemed complete and the document shall then be returned to the person who presented the same for registration or to such person as he has nominated in writing in that behalf. 3. The learned HCCP was directed to secure instructions from respondent No.1-Senior Sub-Registrar as to under what authority he is calling upon the petitioner to furnish a copy of the pahani for returning the original registered document. On the next date of hearing, the learned HCGP filed a memo along with communication dated 05.02.2026 made by the Senior Sub-Registrar, Mysore (North). This Court once again directed the learned HCGP to secure instructions from the Senior Sub- Registrar as to whether any other sale deed or sale deeds were registered in the office of the Sub-Registrar in respect of the same survey number and whether such documents have been released to the purchasers. Today the learned HCGP submits on instructions that many such - 4 - HC-KAR NC: 2026:KHC:11043 WP No. 28438 of 2025 documents / sale deeds have been registered in the same survey number and the documents have been returned to the purchasers. The learned HCGP has with him copies of many such absolute sale deeds registered in the same year i.e., 2012 at the hands of His Highness Sri.Srikanta Datta Narasimharaja Wodeyar, s/o late Maharaja of Mysore, Sri.Jayachamarajendra Wodeyar. 4. That being the position, when several such sale deeds have been executed by the heir of the Maharaja of Mysore and admittedly the lands belong to the Maharaja of Mysore and these are not Government lands, and when admittedly such documents have been returned to the purchasers, the Senior Sub-Registrar could not have declined to pass on the original sale deed in favour of the petitioner, who got the sale deeds registered on 09.07.2012. Consequently, the writ petition stands disposed of with a specific direction to respondent No.1-Senior Sub-Registrar, Mysore, North Taluk and the District Registrar, Mysore District to forthwith return the original sale deeds dated 09.07.2012, though it is dated 09.07.2012, probably it is registered on - 5 - HC-KAR NC: 2026:KHC:11043 WP No. 28438 of 2025 10.07.2012 five in number, all executed on 09.07.2012 along with the certificate of registration. At any rate the sale deeds along with the certificate of registration shall be returned to the petitioner as expeditiously as possible and at any rate on or before 10.03.2026. Sd/- (R DEVDAS) JUDGE GPG List No.: 1 Sl No.: 24