Petitioner sought review/recall of an order directing registration of a sale deed. Court held petition disposed of as previous order remained valid subject to pending civil suit outcome
Petition disposed of; registration of sale deed subject to outcome of pending civil suit.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 26353 OF 2023 (GM-ST/RN)
BETWEEN:
K.N. BHAVYA W/O C.R. MANJUNATH, AGED ABOUT 33 YEARS, R/A CHIKKAMARALI VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL TALUK-562 110.
…PETITIONER
(BY SRI. CHANDRASHEKAR M., ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
AGED ABOUT 64 YEARS, R/O KANIVE NARAYANAPURA VILLAGE, NANDI HOBLI, MUDDENAHALLI GRAM PANCHAYATH, CHIKKABALLAPUR TALUK AND DISTRICT-562 103
…RESPONDENTS
(BY SRI. MILIND DANGE, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH UNDER ORDER XLVII RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO CALL FOR THE RECORDS OF W.P NO. 46795/2019, DATED 15.09.2023 AND REVIEW THE ORDER PASSED IN THE ABOVE WRIT PETITION AND DIRECTION OR ORDER OF RECALL AND REVIEW THE ORDER PASSED IN THE W.P. NO. 46795/2019, DATED 15.09.2023, IN RELATION TO A LAND MEASURING TO AN EXTENT 2 ACRES AND 4½ GUNTAS OF AGRICULTURAL LAND BEARING SURVEY NO. 49/2 SITUATED AT MALLENAHALLI VILLAGE, CHANNARAPATTANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this petition seeking for an order to review and recall the order passed by this Court in W.P.No.46795/2019 dated 15.09.2023.
NC: 2023:KHC:46983 WP No. 26353 of 2023
about a sale deed dated 26.05.2017 in her own name, which was kept pending since the respondent Nos.4 to 8 had cancelled the power of attorney dated 24.12.2014 on 15.06.2017. Further she contends that respondent Nos.4 to 8 executed a gift deed dated 13.08.2019 in her favour and bequeathed the aforesaid land to her and that she initiated proceedings for transfer of her name in the revenue records which was objected by respondent No.3. She contends that initially, the request for transfer of the revenue records was rejected following which, she filed an appeal before the Assistant Commissioner, which was allowed and the matter is now pending before the Deputy Commissioner in Revision Petition under Section 136(3) of Karnataka Land Revenue Act, 1964. She contends that the respondent No.3 challenged the order passed by the Sub-Registrar keeping the registration of a sale deed pending, in W.P.No.46795/2019 against respondent Nos.4 to 8 and deliberately did not make her a party. She contends that this Court allowed the writ petition and she came to know of it when respondent No.3 produced certified copy of the order passed in W.P.No.46795/2019 in O.S.No.356/2022 filed by respondent No.3 against the petitioner. She therefore,
NC: 2023:KHC:46983 WP No. 26353 of 2023
contends that the order in W.P.No.46795/2019 was obtained behind her back and therefore, the impugned order deserves to be reviewed and recalled.
NC: 2023:KHC:46983 WP No. 26353 of 2023
her right if any as this Court had specifically stated that the registration of the sale deed in favour of respondent No.3 shall be subject to the outcome of any civil suit that may be filed by respondent Nos.4 to 8 herein and their family members. Thus, only to the extent of stating that the registration of the sale
deed in favour of respondent No.3 shall be subject to the outcome of O.S.No.356/2022 pending before the Principal Civil Judge and JMFC, Devanahalli, no further relief needs to be granted to the petitioner.
5. Consequently, this petition is disposed off holding
that the registration of the sale deed dated 26.05.2017 in favour of respondent No.3 shall be subject to the outcome of O.S.No.356/2022 pending before the Principal Civil Judge and JMFC, Devanahalli.
Sd/JUDGE
PMR List No.: 1 Sl No.: 41
2 issues framed by the court
Whether a review petition seeking to recall a previous order directing registration of a sale deed on the ground of non-inclusion of the petitioner as a party in the earlier writ petition deserves to
Whether the right of the petitioner to challenge the registration is affected by a potential civil suit filed by the respondents.
4 provisions across 3 enactments
K.N. BHAVYA
COMMISSIONER, DEPARTMENT OF REVENUE
SUB REGISTRAR
K. SAVITHA
SMT. MANJULAMMA
SHIVANNA
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
