The Court dismissed a writ petition seeking cancellation of a registered sale deed. Dismissal was ordered because the petition abated against deceased respondent Nos. 8 and 9, and their legal representatives were not brought on record, affecting the entire relief sought.
Cancellation of the registration of the sale deed dated 02.08.2003.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
WRIT PETITION NO. 50845 OF 2013 (GM-ST/RN)
BETWEEN:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
ALL ARE RESIDING AT NO.9 SHESHADRI ROAD, BANGALORE-560 009
…PETITIONERS
(BY SRI. S SUKUMAR, ADVOCATE FOR P1 AND SRI ABHINAV.R., ADV. FOR P2)
AND:
NC: 2023:KHC:34334 WP No. 50845 of 2013
…RESPONDENTS
(BY SRI. RAHUL CARIAPPA, AGA FOR R1 TO R4;
SRI SHIVARUDRAPPA SHETKAR, ADV. FOR R5;
NOTICE SERVED ON R6;
NOTICE TO R7, R8, R9 ARE HELD SUFFICIENT VIDE ORDER DATED 4.07.2023;
NOTICE TO R10 TO R19 HELD SUFFICIENT VIDE ORDER DATED 16.08.2023)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND DIRECT THE RESPONDENTS 2 TO 4 TO FORTHWITH CANCEL THE REGISTRATION OF THE SALE DEED DATED 02.08.2003 EXECUTED BY THE RESPONDENT NO.18 IN FAVOUR OF THE RESPONDENT NO.5 IN RESPECT OF AN EXTENT OF 11970 SQUARE FEET IN THE SCHEDULE PROPERTY, WHICH DOCUMENT IS REGISTERED IN THE OFFICE OF THE SUB REGISTRAR, GANDHINAGAR, BANGALORE/4TH RESPONDENT IN BOOK I AS NO.GAN-1-01803-2009-10 AND STORED IN CD NO.GAND 115 DATED 20.01.2010 AND TO EFFECT APPROPRIATE CANCELLATION ENTRY IN THE REGISTER IN BOOK I AS MAINTAINED BY THE 4TH RESPONDENT IN HIS OFFICE AND ETC.
NC: 2023:KHC:34334 WP No. 50845 of 2013
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for petitioners filed a memo dated 21.09.2023 and submits that respondent Nos. 8 died in the year 2017 and respondent No. 9 died some where thereafter.
Accordingly, writ petition is dismissed.
Sd/JUDGE
VK
List No.: 1 Sl No.: 32
1 issue framed by the court
Whether the writ petition should be maintained given the abatement due to the death of respondent Nos. 8 and 9 without bringing their legal representatives on record.
2 provisions across 1 enactments
SRI K.L. SRIHARI S/O K LAKSHMANA AND OTHERS
THE STATE OF KARNATAKA
THE INSPECTOR GENERAL OF STAMPS AND REGISTRATION
THE DEPUT COMMISSIONER FOR UNDERVALUATION
THE SUB REGISTRAR GANDHINAGAR
M/S TRIBUVAN ENTERPRISES AND OTHERS
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
