Karnataka High Court
Sri V Prasad vs Sri Manu N on 28 February, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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WA No. 679 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A PATIL
WRIT APPEAL NO.679 OF 2020 (GM-RES)
BETWEEN:
SRI V PRASAD
S/O LATE Y VENKATAPPA,
AGED ABOUT 47 YEARS,
R/A GIDDAPPANAHALLI,
SULIBELE POST, HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT.
...APPELLANT
(BY SRI. M.R.RAJAGOPAL, SENIOR COUNSEL FOR
SRI. H.N BASAVARAJU, ADVOCATE)
AND:
Digitally signed 1. SRI MANU N
by REKHA R
S/O M.NAGARAJ,
Location: High
Court of AGED ABOUT 34 YEARS,
Karnataka R/O NO.151, RUSTUMJI VILLAS,
WHITEFIELD, BENGALURU - 560 066
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF
SECRETARY TO GOVERNMENT,
VIDHANA SOUDHA,
DR.AMBEDKAR VEEDHI,
BENGALURU - 560 001
3. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
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WA No. 679 of 2020
TO GOVERNMENT, DEPARTMENT OF
STAMPS AND REGISTRATION,
M.S.BUILDING, DR.AMBEDKAR VEEDHI,
BENGALURU - 560 001
4. THE INSPECTOR GENERAL OF
REGISTRATION & COMMISSIONER
OF STAMPS, KANDAYA BHAVANA,
8TH FLOOR, K.G.ROAD,
BENGALURU - 560 009.
5. THE SUB REGISTRAR
MINI VIDHANA SOUDHA,
HOSKOTE - 562 114,
BENGALURU RURAL DISTRICT.
6. THE STATE OF KARNATAKA
REPRESENTED BY ITS
SECRETARY TO GOVERNMENT,
DEPARTMENT OF RURAL DEVELOPMENT AND
PANCHAYAT RAJ, M.S.BUILDING,
DR.AMBEDKAR VEEDHI,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. B.RAJENDRA PRASAD, HCGP FOR R2 TO R6;
SRI. SOURABH R KURUBARAHALLI, ADVOCATE FOR R1)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO a) SET ASIDE THE
ORDER DATED 13.02.2019 PASSED BY THE LEARNED SINGLE
JUDGE IN W.P.NO.10582/2018 ON POINT NO.1 IN REJECTING
THE APPLICATION FILED BY THE APPELLANT FOR
IMPLEADMENT UNDER ORDER 1 RULE 10(2) OF THE C.P.C.
AND CONSEQUENTLY ALLOW THE SAID APPLICATION FILED BY
THE APPELLANT FOR IMPLEADMENT AND APPELLANT BE
IMPLEADED AS A PROPER AND NECESSARY PARTY AS
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WA No. 679 of 2020
RESPONDENT NO.6 IN THE WRIT PETITION; b)
CONSEQUENTLY SET ASIDE THE ORDER DATED 13.02.2019
PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.10582/2018 ON POINT NO.2 ALSO IS CONCERNED BY
DISMISSING THE SAID WRIT PETITION FILED BY RESPONDENT
NO.1 HEREIN; c) PASS SUCH OTHER ORDER OR DIRECTION AS
THIS HON'BLE COURT DEEM IT FIT AND PROPER IN THE FACTS
AND CIRCUMSTANCES OF THE CASE AND ALLOW THIS WRIT
APPEAL WITH COSTS, IN THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Mr.M.R.Rajagopal, learned Senior counsel for
Sri.H.N.Basavaraju, learned counsel for appellant.
Mr.B.Rajendra Prasad, learned High Court Government
Pleader for respondent Nos.2 to 6.
Mr.Sourabh R.Kurubarahalli, learned counsel for
respondent No.1.
2. This intra Court appeal has been filed against
order dated 13.02.2019 passed by the learned Single Judge,
WA No. 679 of 2020
by which writ petition preferred by respondent No.1 has been
allowed in part.
3. Learned Senior counsel for appellant submits that
he had filed an application seeking impleadment of
respondent No.6 in writ petition, which was declined by the
learned Single Judge. However, learned Senior counsel for
appellant has invited attention of this Court to a memo which
was filed on behalf of appellant seeking disposal of the
appeal.
4. We have heard learned counsel for the parties.
5. From the perusal of the memo, it is evident that
learned Single Judge has directed the concerned Sub
Registrar to register the instrument dated 05.02.2018. It is
the case of the appellant that all together a different
instrument was presented for registration by respondent
No.1 and the same was registered. It is also contended that
aforesaid action of the Sub Registrar is the subject matter of
W.P.No.426/2021, which is pending and the appellant be
WA No. 679 of 2020
granted liberty to raise all the contentions, which may be
filed in such a writ petition.
6. Therefore, this appeal is disposed of with a liberty
to the parties to raise all such contentions as may be
permissible in law to be raised in W.P.No.426/2021.
With the aforesaid liberty, appeal is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RR
