Karnataka High Court
Maruti S/O Appanna Wagyagol vs The Inspector General Of Registration on 1 April, 2024
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2024:KHC-D:5941
WP No. 107627 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V.HOSMANI
WRIT PETITION NO.107627 OF 2023 (GM-ST/RN)
BETWEEN:
MARUTI S/O. APPANNA WAGYAGOL,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. ARBYANWADI VILLAGE,
TQ: CHIKKODI, DIST: BELAGAVI.
...PETITIONER
(BY SRI VIDYASHANKAR G. DALAWAI, ADVOCATE)
AND:
1. THE INSPECTOR GENERAL OF REGISTRATION
AND COMMISSIONER OF STAMPS,
KANDAAYA BHAVAN, 8TH FLOOR,
K.G.ROAD, BENGALURU-560009.
2. THE DISTRICT REGISTRAR,
DISTRICT REGISTRATION OFFICER BUILDING,
D.C.COMPOUND, BELAGAVI-590001.
3. THE SUB REGISTRAR,
CHANDRASHEKAR
LAXMAN
KATTIMANI SUB REGISTRATION OFFICER BUILDING,
Digitally signed by
SADALAGA, TQ: CHIKKODI,
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH COURT
OF KARNATAKA
DIST: BELAGAVI-590001.
DHARWAD BENCH
Date: 2024.04.04
11:44:33 +0530 ...RESPONDENTS
(BY SRI MADANMOHAN M. KHANNUR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI AND QUASH THE IMPUGNED ENDORSEMENT BEARING
NO.R.G.N/11/2022-23 DATED 18-05-2022 ISSUED BY THE
RESPONDENT NO.3 VIDE ANNEXURE-C; ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENT NO.3 TO REGISTER THE
DECREE DATED 24-03-2009 PASSED BY THE COURT OF I ADDL.
CIVIL JUDGE (JR DN) AND JMFC, CHIKODI IN SUIT O.S.NO.
162/2008 VIDE ANNEXURE-A.
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NC: 2024:KHC-D:5941
WP No. 107627 of 2023
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. This writ petition is filed seeking for following
reliefs.
i. Issue a writ of certiorari and quash the
impugned endorsement bearing no.
R.G.N/11/2022-23 dated 18-05-2022 issued
by the Respondent no.3 vide Annexure-C.
ii. Issue a writ of Mandamus directing the
respondent no.3 to register the Decree dated
24-03-2009 passed by the Court of I Addl.
Civil Judge (JR DN) and JMFC, Chikodi in suit
OS no.162/2008 vide Annexure-A.
2. Learned counsel for petitioner submits that
petitioner had filed O.S.no.162/2008 against one Basavant
Shivmurti Kamble and Hounsaraj Shivmurti Kamble for
declaration of his title by adverse possession in respect of
land bearing Sy.no.528/1B measuring 1-acre 21-guntas
out of total extent of 3-acres, 3-guntas situated at Examba
village in Chikkodi taluk etc. It was submitted, said suit
came to be decreed on 24.03.2009 as per judgment and
decree at Annexure-A. When after securing certified copy
of judgment, petitioner made an application to respondent
for registration of decree along with application for
NC: 2024:KHC-D:5941
condonation of delay, impugned endorsement at
Annexure-C dated 18.05.2022 came to be issued. It was
submitted, under similar circumstances, High Court of
Judicature at Madras in W.P.no.15881/2022 disposed of on
24.06.2022 had interpreted provisions of Registration Act,
1908 (for short 'Act') and held in case of Court decree,
Sub-Registrar cannot refuse registration. On said grounds,
reliefs are sought.
3. On other hand Sri Madanmohan Khannur,
learned Additional Government Advocate for respondents
though submitted there was belated approach by
petitioner for registration of decree instead of approaching
within four months, he is unable to contradict ratio in
judgment at Annexure-D.
4. In view of above, petitioner would be entitled to
relief. Hence, following decision in W.P.no.15881/2022
passed by High Court of Judicature of Madras dated
24.06.2022 produced at Annexure-C, writ petition stands
allowed.
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Respondents no.2 and 3 are directed to register
decree, as soon as same is presented before them by
petitioner after calling upon petitioner to comply with
necessary formalities, if any.
Sd/-
JUDGE
AM
