- 1 - HC-KAR NC: 2026:KHC:34178 WP No. 18098 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18098 OF 2026 (GM-ST/RN) BETWEEN: 1. SMT. R. VIJAYALAKSHMI WIFE OF LATE. B.R.RANGASWAMY, AGED ABOUT 68 YEARS, 2. MS.B.R.SUPRIYA, DAUGHTER OF LATE.B.R. RANGASWAMY, AGED ABOUT 49 YEARS, 3. MRS. SHUBHA ROMESH PATEL, DAUGHTER OF LATE. B. R. RANGASWAMY, AGED ABOUT 45 YEARS 4. MS.B.R. KAVITHA, DAUGHTER OF LATE B.R.RANGASWAMY, AGED ABOUT 42 YEARS, DECREE-HOLDERS 5. MR.B.R.KASTURI RANGAIAH, SON OF LATE B.R.RANGASAMY, AGED ABOUT 41 YEARS 6. SRI.B.R.DILIP KUMAR, SON OF LATE B.R. RANGASWAMY, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34178 WP No. 18098 of 2026 AGED ABOUT 50 YEARS ALL ARE RESIDING AT NO. 101, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE-560 020 ALL THE PETITIONERS ARE REPRESENTED BY THE PETITIONER NO.6, THE GENERAL POWER OF ATTORNEY HOLDER SRI.B.R.DILIP KUMAR, SON OF LATE. B.R.RANGASWAMY, AGED ABOUT 50 YEARS, RESIDING AT NO. 101, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BANGALORE-560020 …PETITIONERS (BY SRI. GIRIDHAR S. V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001 2. DISTRICT REGISTRAR AND REGISTRAR OF FIRMS SHIVAJINAGAR REGISTRATION DISTRICT, DEPARTMENT OF STAMPS AND REGISTRATION, GOVERNMENT OF KARNATAKA, GANDHINAGAR, BANGALORE - 560009 - 3 - HC-KAR NC: 2026:KHC:34178 WP No. 18098 of 2026 3. OFFICE OF THE SUB REGISTRAR AND MARRIAGE REGISTRAR, MALLESHWARAM, BANGALORE - 560003. …RESPONDENTS (BY SRI. MOHAMMED JAFAR SHAH, AGA FOR RESPONDENT/STATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) CALL FOR THE RECORDS ON THE FILE OF THE RESPONDENT NO.2 I.E., THE OFFICE OF THE DISTRICT REGISTRAR, GANDHINAGAR, BANGALORE CULMINATING IN THE PASSING OF THE ORDER IMPUGNED IN THE PRESENT PROCEEDINGS AS AT ANNEXURE-A (B) ISSUE A WRIT OF CERTIORARI, SIMILAR WRIT, ORDER OR DIRECTION AND QUASH THE ORDER NO. 45- A (1)/M/03/2026-27 RECEIVED ON 02.06.2026 PASSED BY THE OFFICE OF DISTRICT REGISTRAR OF STAMPS, GANDHINAGAR DISTRICT (IMPUGNED ORDER) I.E., THE RESPONDENT NO.2 AS AT ANNEXURE-A IN ENTIRETY (C) PASS AN ORDER AS TO THE COSTS OF THE PRESENT WRIT PETITION AND (D) PASS SUCH OTHER ORDER/S AS THE CIRCUMSTANCES MAY WARRANT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINAY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: "a) Call for the records on the file of the respondent No.2 i.e., the Office of the District Registrar, Gandhinagar, Bangalore - 4 - HC-KAR NC: 2026:KHC:34178 WP No. 18098 of 2026 culminating in the passing of the order impugned in the present proceedings as at Annexure-A. b) Issue a writ of certiorari, similar writ, order or direction and quash the Order No. 45-A(1)/M/03/2026-27 received on 02.06.2026 passed by the Office of District Registrar of Stamps, Gandhinagar District (Impugned Order) i.e., the respondent No.2 as at Annexure-A in entirety. c) Pass an order as to the costs of the present Writ Petition and d) Pass such other order/s as the circumstances may warrant in the interest of justice and equity." 2. The petitioners father had entered into an agreement of sale dated 08.09.1983 in respect of premises bearing No.2/148,524,603 and present No.529 situate at Old Taluk Kacheri Road, Bangalore 560053. The vendor not having come forward to execute necessary sale deed, the petitioners father had instituted a suit for specific performance in O.S. No. 1513/1985 before the City Civil and Sessions Judge, (CCH-17). The said suit came to be decreed on - 5 - HC-KAR NC: 2026:KHC:34178 WP No. 18098 of 2026 15.03.2002 after it being hotly contested by the vendor. Subsequently, RFA No.807/2002 filed challenging the decree, which came to be dismissed for non-prosecution on 08.12.2010. 3. Claiming that the petitioners father was unwell for a long time and expired in the year 2021, the petitioners as his legal representatives had filed Execution Petition No.1159/2022 for executing the decree in O.S. No.1513/1985 dated 15.03.2002. In the execution proceedings, the Shirastedar was appointed as a Court Commissioner, who executed a sale deed in favour of the petitioners on 06.04.2026. 4. When the said sale deed was presented for registration, respondent No.3 had raised the objection of undervaluation, contending that the valuation as on the date of presentation of the document is required to be provided and stamp duty paid on that amount and not on the amount - 6 - HC-KAR NC: 2026:KHC:34178 WP No. 18098 of 2026 premised on the agreement of sale dated 08.09.1983. 5. This Court has considered the said issue in the case of Smt. Munisanjeevamma and others v. The State of Karnataka and others1 and has come to a conclusion that when a suit for specific performance has been filed, which is contested and thereafter in execution proceedings, a sale deed is executed in favour of the purchaser, the increase in the market value as on the date of presentation of sale deed, cannot be imposed upon the purchaser inasmuch as the purchaser was not responsible for the delay in the registration. It is on account of the vendor not registering the sale deed that a litigation ensued resulting in a sale deed being executed during the execution proceedings. 1 in W.P. No.49527/2016 dated 04.08.2025 - 7 - HC-KAR NC: 2026:KHC:34178 WP No. 18098 of 2026 3. I am of the considered opinion that the said decision squarely applies to the facts of the present case and as such, this Court passes the following: O R D E R (i) Writ petition is allowed. (ii) The order dated 02.06.2026 passed by respondent No.2 at Annexure-A is quashed. (iii) Respondent No.3, is directed to register the sale deed so presented as per the sale consideration mentioned, by collecting the stamp duty and registration fee as per the contents of the agreement of sale dated 08.09.1983, if not already paid. (iv) The Registration process to be completed within a period of three weeks from date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE VBS List No.: 1 Sl No.: 4