IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD WRIT PETITION No.54355 OF 2013 (GM-ST/RN) BETWEEN:
1. G.Kalasappa, S/o Gowdra Goneppa, Aged about 67 years, Occupation:Agriculturist.
2. G.Channabasappa, S/o Gowdra Goneppa, Aged about 64 years, Occupation:Agriculturist.
3. G.Basavaraj, S/o Gowdra Goneppa, Aged about 64 years, Occupation:Agriculturist.
Petitioner Nos.1 to 3 are Residents of Kalasappana Galli, Shivajinagar, Davanagere-577416. …Petitioners (By Sri. B.M.Halaswamy, Advocate) AND:
1. The State of Karnataka Department of Stamps and Registration, Vikasa Soudha, Bangalore-560001, Represented by its Secretary.
2. Senior Sub-Registrar, Office of the Sub-Registrar, Davanagere, Davanagere District-577416. … Respondents (By Smt.Niloufer Akbar, AGA for R1 & R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the endorsement dated 30.09.2013, Annexure-J passed by the 2nd respondent and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ group, this day, the Court made the following:
O R D E R This writ petition is filed against the endorsement dated 30.09.2013 issued by the 2nd respondent stating that since there is an injunction order, document cannot be registered.
2. The case of the petitioners is that they are the absolute owners of the property bearing Sy.No.134/1 measuring 0.22 guntas situated at Davanagere. The petitioners have entered into an agreement with one Jayanna and they intended to sell the property in favour of Jayanna. Hence, the petitioners produced the documents before the Sub-registrar Office, Davanagere. As per Annexure-J, endorsement dated 30.09.2011, it is stated that there is O.S.No.407/2012 pending before the Junior Civil Judge, Davangere and there is a temporary injunction order for not alienating the suit property.
3. Learned counsel for petitioners submits that O.S.No.407/2012 itself is dismissed.
In view of the above, liberty is reserved to the petitioners to approach the Sub-registrar of Davanagere with the judgment and decree in O.S. 407/2012.
Sub-registrar of Davanagere is directed to consider their representation and to take decision in accordance with law.
With these observations, petition stands disposed of.
In view of the disposal of the main petition, IA No.1/2014 does not survive for consideration.
Sd/-
JUDGE JS/-