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2026 DAILYLAW 7658 (KAR)

SMT. USHARANI v. STATE OF KARNATAKA

WP/4094/2026 · 2026-02-09

B M Shyam Prasad

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:7463 WP No.4094/2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.4094/2026 (GM-ST/RN) BETWEEN: SMT. USHARANI W/O K.P.NAGARAJA SETTY AGED ABOUT 50 YEARS, R/AT. PALYA VILLAGE, KASABA HOBLI, SRINIVASAPURA TALUK KOLAR DISTRICT-563135. PRESENTLY AT NO.11, USHA NIVAS, 1ST CROSS, 1ST MAIN, BEHIND ESHWARA TEMPLE, MARATHAHALLI, BENGALURU - 560037 … PETITIONER (BY SRI. AMIT ANAND DESHPANDE, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY REVENUE 3RD GATE, 5TH FLOOR, M S BUILDING, DR. AMBEDKAR VEEDI, BANGALORE - 560 001 2. THE INSPECTOR GENERAL OF STAMPS AND REGISTRATIONS, KANDAYA BHAVANA, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7463 WP No.4094/2026 K.G ROAD, BENGALURU - 560 009 3. THE DISTRICT REGISTRAR, KOLAR DISTRICT, MEKKE CIRCLE, KOLAR - 563 101 4. THE SUB REGISTRAR, SRINIVASAPURA TALUK, SRINIVASAPURA, KOLAR DISTRICT - 563 135. … RESPONDENTS (BY SMT.SARITHA KULKARNI, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ALLOW THE WRIT PETITION. (B) BY ISSUING A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE 4TH RESPONDENT TO REGISTER THE SALE DEED IN FAVOUR OF THE PETITIONER IN TERMS OF COMPROMISE DECREE DATED 28.09.2020 IN O.S.NO.15/2020 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, SRINIVASAPURA, IN RESPECT OF PROPERTY BEARING SY.NO.4/4 BLOCK, NEW SY.NO.4 AD-MEASURING 2.00 ACRES SITUATED AT CHIRUVANAHALLI VILLAGE, KASABA HOBLI, SRINIVASAPURA TALUK, VIDE ANNEXURE-A. C) TO AWARD EXEMPLARY COSTS. - 3 - HC-KAR NC: 2026:KHC:7463 WP No.4094/2026 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 is a party to the compromise decree under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 in O.S.No.15/2020 on the file of the Principal Civil Judge and JMFC, Srinivaspur, and the decree is that the defendant in the suit [Mr. K. N. Krishnappa S/o. Narayanappa] shall execute regular sale deed for the subject property in favour of petitioner receiving balance sale consideration as mentioned therein. Mr. Amit Anand Deshpande, the learned counsel for the petitioner, submits that the petitioner's cause for the present petition is the failure by the fourth respondent [the jurisdictional - 4 - HC-KAR NC: 2026:KHC:7463 WP No.4094/2026 Sub-Register] to register the sale deed presented in terms of this decree insisting upon 11E sketch. The learned counsel submits that, in view of this Court's order dated 18.08.2021 in W.P.No.10158/2021, it cannot be gained said that the fourth respondent is not justified in insisting upon a 11E sketch with Ms. Saritha Kulkarni, the learned Additional Government Advocate who is called upon to accept notice for the respondents, is heard in the light of this Court's order which is based on the Circular dated 14.11.2016. The Court in such writ petition has directed the jurisdictional Tahsildar to enter the terms of the compromise decree without insisting upon 11E sketch, and Ms. Saritha Kulkarni does not dispute that even for the purposes of enforcement of a compromise decree, the fourth respondent cannot insist on 11E sketch. In the light of the afore, the following. - 5 - HC-KAR NC: 2026:KHC:7463 WP No.4094/2026 ORDER [a] The petition stands disposed of reserving liberty to the petitioner to present the sale deed for registration with the Sub-Registrar, Srinivasapura Taluk [the fourth respondent] along with a certified copy of this order directing the fourth respondent to register such document without insisting on a 11E sketch provided there is compliance with all other requirements. [b] The petitioner will be at liberty to present the document within four [4] weeks from the date of receipt of a certified copy of this order. Sd/- (B M SHYAM PRASAD) JUDGE RB