Alwin Suman Crasta vs The District Sub-Registrar
2023 Latest Caselaw 10733 Kant

Karnataka High Court

Alwin Suman Crasta vs The District Sub-Registrar on 15 December, 2023

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                               -1-
                                                         NC: 2023:KHC:45819
                                                       WP No. 18589 of 2023




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 15TH DAY OF DECEMBER, 2023

                                              BEFORE
                           THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                           WRIT PETITION NO. 18589 OF 2023 (GM-RES)
                   BETWEEN:

                   ALWIN SUMAN CRASTA
                   S/O H.M.JOHN CRASTA
                   AGED ABOUT 45 YEARS
                   R/O NO. 417, 10TH CROSS
                   SWARNASANDRA
                   NEAR RANGA MANDIRA
                   SWARNASANDRA
                   SUGAR TOWN, MANDYA
                   KARNATAKA - 571 402.
                                                               ...PETITIONER
                   (BY SRI. VACHAN G. A., ADVOCATE)

                   AND:

Digitally signed by 1.    THE DISTRICT SUB-REGISTRAR
PADMAVATHI B K
                          MANDYA DISTRICT
Location: HIGH
COURT OF                  MANDYA - 571 401.
KARNATAKA
                   2.     THE SUB REGISTRAR
                          MANDYA DISTRICT
                          MANDYA - 571 401.
                                                            ...RESPONDENTS
                   (BY SMT. NAVYA SHEKHAR, AGA)

                        THIS WRIT PETITION IS FILED UNDER ARTICLES 226
                   AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
                   DIRECT THE RESPONDENTS TO REGISTER THE SALE
                                 -2-
                                               NC: 2023:KHC:45819
                                           WP No. 18589 of 2023




CERTIFICATE DTD 06.09.2022 ISSUED BY                 THE    PUNJAB
NATIONAL BANK PRODUCED AT ANNEXURE-A.

    THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

This Court on 01.12.2023, had passed the following

order:

"The petitioner is before this Court in a piquant situation that the sale certificate issued by the bank in an auction is not being registered by the Sub-registrar. The Sub-registrar refuses to register on the score that the computerized e-khatha of the property is not appended to the application. Identical stand had been taken by the Sub-registrar which is negated by this Court in its judgment dated 26.04.2018 in the case of SRI KIKKERI GOWDA VS. SRI SANNANANJEGOWDA AND OTHERS in R.S.A.NO.798 OF 2006.

Therefore, the learned AGA to issue suitable directions to the Sub-registrar, Mandya to register the document and report back to this Court.

The petitioner is directed to appear before the Sub-registrar, Mandya on 08.12.2023 at 10.30 a.m.

List this matter on 15.12.2023."

Learned counsel for the petitioner submits that the

grievance of the petitioner is redressed after the passage of the

afore-quoted order and submits that the petition is rendered

infructuous. The submission is placed on record.

NC: 2023:KHC:45819

2. In the light of the grievance of the petitioner being

redressed, the petition is disposed as having become

infructuous.

Sd/-

JUDGE

NVJ

CT:SS