Disposed¶46

Sree Byraweshwara v. the Secretary to the Government

Karnataka HC10 Dec 2025WP/7631/2023

Case brief

AI extract

What is this about?

NC: 2025:KHC:52272 | High Court of Karnataka, Bengaluru | WP No. 7631 of 2023 (GM-ST/RN) | decided 10 December 2025 by Justice E.S. Indiresh | Sree Byraweshwara Co-operative Bank Ltd. v. Secretary, Department of Revenue and others | challenge to Sub-Registrar's endorsement dated 18.03.2023 (Annexure-G, Letter No. SRO/TMK/657/2022-23); direction to enter attachment order (Annexure-D, Case No. JRD/UBF/414/2022-23) in Sub-Registrar records within three months; writ petition disposed of.

What did the court decide?

Direction to respondent No.4 to enter the order of attachment in respect of the petition schedule property in the records of the Office of the Sub-Registrar, as claimed in terms of Annexure-D, to be completed within three months from receipt of the order; writ petition disposed of accordingly. ¶46

Sree Byraweshwara Vs the Secretary to the… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the endorsement dated 18.03.2023 (Annexure-G) issued by respondent No.4 in Letter No. SRO/TMK/657/2022-23 should be quashed. +1 more

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Ratio / Principle

The order passed by the competent authority as per Annexure-D to the writ petition in Case No. JRD/UBF/414/2022-23 amounts to a decree passed by the Competent Court, giving the petitioner the benefit of that order.

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Key takeaways

Respondent No.4 is directed to enter the order of attachment in respect of the petition schedule property in the records of the Office of the Sub-Registrar, as claimed in terms of the order at Annexure-D to the writ petition.ratio¶40
Respondent No.4 shall complete the entire exercise of entering the attachment within three months from the receipt of the order.ratio¶48

Detailed headnote1 paragraphs

Writ Petition (GM-ST/RN) filed by Sree Byraweshwara Co-operative Bank Ltd., Tumkur, through its Chief Executive Officer, under Articles 226 and 227 of the Constitution of India, assailing the endorsement dated 18.03.2023 (Annexure-G, Letter No. SRO/TMK/657/2022-23) issued by respondent No.4, the Sub-Registrar, and seeking a direction to enter an order of attachment in respect of the petition schedule property. E.S. Indiresh, J., noting that the petitioner had the benefit of an order passed by the competent authority as per Annexure-D in Case No. JRD/UBF/414/2022-23, which amounts to a decree passed by the Competent Court, directed respondent No.4 to enter the order of attachment in the records of the Office of the Sub-Registrar as claimed in terms of Annexure-D, and to complete the entire exercise within three months from receipt of the order. The writ petition was disposed of accordingly.

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NC: 2025:KHC:52272 WP No. 7631 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 7631 OF 2023 (GM-ST/RN)

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BETWEEN:

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SREE BYRAWESHWARA CO-OPERATIVE BANK LTD., S.S.PURAM, TUMKUR, BY ITS CHIEF EXECUTIVE OFFICER, SRI.D.A. KUMARASWAMY, LATE SRI. AMASEGOWDA, AGED ABOUT 58 YEARS. (BY SRI. B S MAHENDRA, ADVOCATE)

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…PETITIONER

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AND:

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Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA

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THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF REVENUE, M S BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.

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THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS, DEPARTMENT OF STAMPS AND REGISTRATION, KANDAYA BHAVANA, 8^TH FLOOR, K.G.ROAD, BANGALORE-560 009.

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THE DISTRICT REGISTRAR TUMKUR DISTRICT, TUMKUR-572 101.

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2 - NC: 2025:KHC:52272 WP No. 7631 of 2023

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HC-KAR

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THE SUB REGISTRAR OFFICE OF THE SUB REGISTRAR, CHURCH CIRCLE, OPPOSITE STATE BANK OF INDIA MAIN BRANCH, TUMKUR-572 101.

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THE SUB-REGISTRAR OFFICE OF THE SUB REGISTRAR, GUBBI TALUK, GUBBI, TUMKUR DISTRICT-572 216.

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SRI.A.MALLIKARJUNA S/O ALEGOWDA MAJOR IN AGE, DIVINE FORMER, NO.11, CHELUR VILLAGE, CHELUR POST, GUBBI TALUK, TUMKUR DISTRICT-572 216.

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DR.SHIVAKUMAR S/O CHANNAPPA SINCE DECEASED BY LEGAL REPRESENTATIVES

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SMT.S.M.ASHA W/O LATE DR.SHIVAKUMAR, MAJOR IN AGE,

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KUMARI GOWSHIGNA D/O LATE DR. SHIVAKUMAR SINCE MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT.S.M.ASHA,

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MASTER VASISTA

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S/O LATE DR SHIVAKUMAR, SINCE MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT.S.M.ASHA

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3 - NC: 2025:KHC:52272 WP No. 7631 of 2023

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HC-KAR

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RESPONDENT NOS.7 TO 9 ARE R/AT DEVI NILAYA, 2^ND CROSS, 2^ND PARALAL ROAD, 3^RD RIGHT ROAD, 4^TH MAIN ROAD, JAYANAGARA WEST, TUMKUR-572 101.

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SMT.JAYALAKSHMAMMA W/O LATE M.L.CHANNAPPA, MAJOR IN AGE, HARIHARA ROPPA, CHINAKA VAJRA POST, MADHUGIRI TALUK, TUMKUR DISTRICT-572 132.

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…RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-G I.E., THE ENDORSEMENT ISSUED BY THE R-4 ON 18.03.2023 IN LETTER NO.SRO/TMK/657/2022-23 AND ALLOW THIS W.P. AND DISPOSE OF THE MATTER ON MERITS AND ACCORDING TO LAW AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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NC: 2025:KHC:52272 WP No. 7631 of 2023

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HC-KAR

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ORAL ORDER

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Heard the learned counsel appearing for the parties.

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In this writ petition, petitioner is assailing the endorsement dated 18.03.2023 (Annexure-G) issued by respondent No.4, inter-alia sought for a direction to the respondent-authorities to enter the order of attachment in respect of the application made by the petitioner in respect of the subject land.

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Having taken note of the submissions made by

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the learned counsel appearing for the parties, as the petitioner herein has benefit of an order passed by the competent authority as per Annexure-D to the writ petition in Case No.JRD/UBF/414/2022-23, which amounts to a decree passed by the Competent Court and therefore, I am of the view that respondent No.4 is directed to enter the order of attachment in respect of the petition schedule property in the records of the Office of the Sub-Registrar,

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NC: 2025:KHC:52272 WP No. 7631 of 2023

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HC-KAR

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as claimed in terms of order at Annexure-D to the writ

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petition.

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