The single-judge bench disposed of the writ petition filed to quash endorsement of a sale deed, relying on a similar recent case and principles of like-cases-alike, granting liberty to revive the petition upon the result of a pending writ appeal.
Petition disposed of with liberty to seek revival in view of the result of the related Writ Appeal.
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1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.1290 OF 2022(GM-ST/RN)
BETWEEN:
...PETITIONERS
(BY SRI.T K RAJAGOPALA, ADVOCATE)
AND:
(BY SMT.RASHMI PATEL, HCGP)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 10.11.2021 MADE BY THE R-2 ON THE REPRESENTATION DATED 10.11.2021 SUBMITTED BY THE PETITIONERS VIDE ANNEXURE-A AND TO DIRECT THE R-2 TO REGISTER THE SAID SALE DEED DATED 19.02.2020 VIDE ANNX-B IN ACCORDANCE WITH LAW AND TO HANDOVER THE SAME TO THE PETITIONERS HEREIN.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The subject matter of this writ petition is substantially similar to the one in W.P.No.1494/2022 (GM-ST/RN) between SRI. G.K.SRINIVASA Vs. THE STATE OF KARNATAKA & OTHERS, disposed off by this Court on 01.02.2022 wherein the reasoning part of the order at paragraph no.2 reads as under:
“ Learned AGA Shri B V Krsihna on request having accepted notice for the respondents contends that the basic judgment (WA No. 14050/2012 in W.P.No.18939/2009) made in which had dispensed with the production of 11E Sketch has been stayed by the Apex Court in SPL (C) 15837-38/2016 between THE STATE OF KARNATAKA Vs. G RAMACHAR and therefore, the petition may be disposed off with liberty to the petitioner to seek its revival in the event the said challenge fails. This Court is broadly in agreement with this submission.”
3
In the above circumstances, the writ petition is disposed off with liberty to the petitioners to seek its revival on the result of Writ Appeal as mentioned above.
Costs made easy.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the writ petition filed for quashing endorsement and registration of sale deed should be disposed off with liberty to seek revival.
Colour shows how this judgement treated each authority
SRI. G.K.SRINIVASA Vs. THE STATE OF KARNATAKAFollowed¶21
W.P.No.1494/2022
A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKADistinguished¶24
W.A.Nos.932-933/1974
1 provisions across 1 enactments
Sri.MunirajU M
Sri.Ashok M
The State Of Karnataka
The Sub-Registrar, Attibele
Krishna S.Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
