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2026 DAILYLAW 26217 (KAR)

SMT.K.G.KANAKALATHA v. THE STATE OF KARNATAKA

WP/28414/2024 · 2026-06-30

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32387 WP No. 28414 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.28414 OF 2024 (GM-ST/RN) BETWEEN: SMT.K.G.KANAKALATHA W/O T.S. SURYAPRAKASH, AGED ABOUT 61 YEARS, R/O TSS COMPOUND, SJ ROAD, JANNAPURA, BHADRAVATHI, SHIVAMOGGA DISTRICT PIN: 577 301. …PETITIONER (BY SRI. KARTHIK S.TAYUR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, MS BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU PIN: 560 001. 2. THE SUB-REGISTRAR BHADRAVATHI TALUK, SADASHIVA PLAZA, CHANNAGIRI ROAD, BHADRAVATHI, SHIVAMOGGA DISTRICT PIN:577 301. …RESPONDENTS (BY SRI.MOHAMMED JAFAR SHAH, AGA (MA NOT FILED) FOR RESPONDENT/STATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32387 WP No. 28414 of 2024 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 THE SUB-REGISTRAR, BHADRAVATHI TO REGISTER THE SALE DEED (AT ANNEXURE-C) WHEN PRESENTED BY THE COURT COMMISSIONER IN EXECUTION PETITION NO. 117/2014 ON THE FILE OF THE 2ND ADDL. SENIOR CIVIL JUDGE AND JMFC AT BHADRAVATHI, WITHOUT INSISTING ON 11-E SKETCH. THIS PETITION, COMING ON FOR PRELIMINARY HEARING “B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs:- i. "Issue A WRIT OF MANDAMUS directing the 2nd Respondent, The Sub-Registrar, Bhadravathi to register the sale deed (at Annexure-C) when presented by the court commissioner in execution petition no. 117/2014 on the file of the 2nd Addl. Senior Civil Judge & JMFC at Bhadravathi, without insisting on 11-E Sketch. ii. Issue any other WRIT ORDER which this Hon’ble Court may deem fit to order in light of the considerations of justice, equity and good conscience." 2. The grievance of the petitioner is that a sale deed executed by a Court Commissioner in Execution Petition No.117/2014 on the file of the II Additional Senior Civil Judge and JMFC at Bhadravathi was not - 3 - HC-KAR NC: 2026:KHC:32387 WP No. 28414 of 2024 registered by the Sub-Registrar on the ground that 11-E Sketch has not been produced. This issue has been dealt with by the Co-ordinate Bench of this Court as also Division Bench of this Court. 3. More particularly, the Hon'ble Division Bench in W.A.No.49/2021 dated 23.02.2021 in the State of Karnataka and others vs. Krishnegowda, the Hon'ble Division Bench has categorically held that when a compromise has been entered into, any document has been executed pursuant to court decree, the Sub Registrar cannot insist on production of 11-E Sketch. The said decision would be equally applicable in the present case, since it is in pursuance of the execution proceeding that the document has been executed by a Commissioner and the same is presented for registration. As such, this Court passes the following:- - 4 - HC-KAR NC: 2026:KHC:32387 WP No. 28414 of 2024 ORDER i. The writ petition is allowed. The mandamus is issued. ii. Respondent No.2 - Sub-Registrar is directed to register the sale deed without insisting on 11-E Sketch. This direction is subject to the final outcome of the SLP pending before the Hon'ble Supreme Court in SLP No.8183/2021. Sd/- (SURAJ GOVINDARAJ) JUDGE MH/- List No.: 1 Sl No.: 46