Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.48903 OF 2018 (GM-CPC) BETWEEN:
Smt. Halamma W/o Rajanna D Aged about 62 years r/at No.202, 4th cross Shivadurga Nagar Maggur Road Urugadur Shivamogga Town Shibamotta 577 201 ... PETITIONER (by Shri M.V. Maheshwarappa, Advocate) AND:
1. Sudhakara S/o Late Rukminiyamma Aged about 48 years 2. Smt. Saroja W/o Sudhakara Aged about 42 years House Holder 3. Smt. Soumya W/o Prabhu D/o Sudhakara Aged about 27 years 4. Kumari Shruthi D/o Sudhakara Aged about 24 years R1 to R4 are residing at Kannangi Village Mandagadde Hobli Thirathahalli Taluk Shivamogga District 577 201 5. The Sub-Registrar Thirthalli Taluk Thirathalli Shivamogga District 577 201 6. The Tahshildar Thirthalli Taluk Thirathalli Shivamogga District 577 201 (impleaded V.C.O. dtd. 09.012.2019) …RESPONDENTS (by Smt. H.R. Anitha, HCGP for R5 and R6) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to direct the 5th respondent to register the compromise decree dated 18.07.2018 and set aside the impugned order on IA.III and IV dated 28.08.2018; and etc.
This writ petition coming on for Orders, this day, the court made the following:
O R D E R The short grievance of the petitioner is against the refusal of the Sub-Registrar to register the conveyance in terms of the compromise decree in question.
2. After service of notice, respondents No.5 & 6 have entered appearance through the learned Government Pleader Smt. Anita, who opposes the writ petition.
3. The jurisdictional Sub-Registrar, who is personally present before the Court pursuant to the direction issued earlier, fairly submits that the production of Survey Sketch in Form 11-E is a pre-condition for registration and if the said sketch is produced, the registration formality would be accomplished forthwith in accordance with law.
4. The learned counsel for the petitioner submits that this survey needs to be done by the jurisdictional Tahsildar through the Survey Department concerned, and therefore, a direction be issued for accomplishing the survey immediately after the petitioner makes an application therefor.
5. The learned Government Pleader is fairly in agreement with this proposal also.
6. In the above circumstances, this petition is disposed of with the following directions:
(i) the Tahsildar, Thirthahalli, shall cause survey of the subject land within four weeks after the appropriate application is made by the petitioner and provide him a survey report along with Survey Sketch Form 11-E within fifteen days thereafter; if this is not done in time, the Tahsildar shall be liable to pay to the petitioner a cost of Rs.2,000/- per day;
(ii) Immediately after production of 11-E sketch, the respondent Sub-Registrar shall accomplish the registration formalities, provided, that the petitioner also produces a certified copy of the judgment and decree in question.
It is needless to mention that the period, till after obtainment of 11-E sketch, shall be discounted while computing the period prescribed for presentation of documents for the purpose of registration.
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