IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.49741/2016 (GM RES) BETWEEN:
SRI SANDEEP S. GHODKE S/O B. SOMASHEKAR AGED ABOUT 32 YEARS R/AT NO.60, VIVIANI ROAD FRASER TOWN BENGALURU-560005. ... PETITIONER (BY SRI JANARDHANA G, ADV.) AND 1. KARNATAKA STATE FINANCIAL CORPORATION A BODY CORPORATE ESTABLISHED UNDER THE STATE FINANCIAL CORPORATION’S ACT, 1951 (LXIII OF 1951) AND HAVING ITS HEAD OFFICE AT NO.1/1, THIMMAIAH ROAD, BANGALORE AND ALSO ONE OF ITS BRANCHES AT GADAG REPRESENTED BY ITS GENERAL MANAGER 2. THE BRANCH MANAGER KARNATAKA STATE FINANCIAL CORPORATION L.L.BUILDING FIELD MARSHAL K.M.CARIAPPA CIRCLE GADAG 582101 KARNATAKA 3. THE CHAIRMAN GADAG CO-OPERATIVE INDUSTRIAL ESTATE LTD., HUBLI ROAD, GADAG-582 101 KARNATAKA 4. THE SECRETARY GADAG CO-OPERATIVE INDUSTRIAL ESTATE LTD., HUBLI ROAD GADAG-582101 KARNATAKA. ... RESPONDENTS (BY SRI. VIVEK YAVAGAL, ADV. FOR R1 & R2, SRI. K.L.PATIL, ADV. FOR R3 & R4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXECUTE A RECTIFICATION DEED CORRECTING THE SALE DEED ANNEXURE-A IN TERMS OF THE LEGAL NOTICE ISSUED BY THE PETITIONER UNDER ANNEXURE-D BY MAKING NECESSARY CHANGES IN THE BOUNDARY ON THE SOUTHERN SIDE AND ALSO ADDING RS NO.329A.1 AND OLD PLOT NO.51A+51B.2 OF RS NO.329A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Janardhana.G, learned Counsel for the petitioner.
Mr. K.L.Patil, learned Counsel for the respondents No.3 and 4 and Sri.Vivek Yavagal, learned counsel for respondents No.1 and 2.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, the petitioner, inter alia, seeks the following relief:
“ Issue a writ of Mandamus directing the Respondents to execute a Rectification Deed correcting the Sale Deed Annexure-‘A’ in terms of the Legal Notice issued by the petitioner under Annexure-‘D’ by making necessary changes in the boundary on the Southern side and also adding RS No.329A.1 and Old Plot No.51A + 51B.2 of RS No.329A.”
3. When the matter was taken up for hearing today, learned counsel for respondents No.1 and 2 submitted that the respondents are ready and willing to execute the Rectification deed correcting the sale deed in terms of the legal notice issued by the petitioner contained in Annexure-‘D’.
4. In view of the aforesaid submission, nothing further survives for adjudication in this writ petition.
Accordingly the petition is disposed of. Respondents are directed to execute the Deed of Rectification as mentioned by the petitioner in Annexure-‘D’ by making necessary changes in the boundary on the Southern side and also adding RS No.329A.1 and Old Plot NO.51A + 51B.2 of RS No.329A, within two months from today.
Sd/- JUDGE ln.