Disposed¶42

Smt. Shreelakshmi H Y v. State of Karnataka

Karnataka HC6 Jul 2026WP/38860/2025

Case brief

AI extract

What is this about?

Karnataka High Court 2026; WP 38860/2025 (GM-ST/RN); NC: 2026:KHC:33940; Suraj Govindaraj J.; specific performance relief not grantable in writ petition; cancellation/quashing of registered sale deed not grantable under Article 226/227; mandamus for registration of site pursuant to earlier order dated 21-7-2005 in W.P.No.10258/2003 (CS-EL-M); sale deed No.SNG-109996-2023-24 dated 7-10-2023; Pearlite Liners Employees and Ancillary Unit House Building Co-operative Society Ltd.; Shimogga co-operative society dispute; petition disposed with liberty to seek remedies in appropriate forum.

What did the court decide?

Reliefs of specific performance sought in prayer (a) and cancellation of a sale deed sought in prayer (b) cannot be granted in a writ petition. ¶40

Smt. Shreelakshmi H Y Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

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1 - NC: 2026:KHC:33940 WP No. 38860 of 2025

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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 6^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 38860 OF 2025 (GM-ST/RN)

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BETWEEN:

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SMT. SHREELAKSHMI H Y W/O LATE CHANDRASHEKHAR H.P AGED ABOUT 64 YEARS, RESIDING AT NO.D.BLOCK, PARVATHI NEAR 100 FEET RING ROAD, GOPALA EXTENSION, SHIMOGGA-577205

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SRI DR. MALLIKARJUN G.P, S/O PANDARANGA G.K AGED ABOUT 43 YEARS, RESIDING AT HOUSE NO. SITE NO.331, LAL BAHADDUR SHASTRI NAGAR, NAVULE, WARD NO.1, SHIMOGGA CORPORATION. SHIMOGGA-577203

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Digitally signed by SHWETHA RAGHAVENDRA

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Location: HIGH COURT OF KARNATAKA

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(BY SRI. GANAPATHI NAIK KANGOD.,ADVOCATE)

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AND:

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STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560001

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…PETITIONERS

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THE ASSISTANT REGISTRAR O CO-OPERATIVE SOCITIES, SHIMOGGA DIVISION, BALARAJ URS ROAD, SHIMOGGA-577201

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2 - NC: 2026:KHC:33940 WP No. 38860 of 2025

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HC-KAR

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PEARLITE LINERS EMPLOYEES AND ANCILLARY UNIT HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED, HAVING ITS REGISTERED OFFICE AT G.R. AVENUE BUILDING, 1^ST FLOOR. ROOM NO.01, MAIN ROAD SHARAVATHI NAGAR, SHIMOGGA-577201 BY ITS SECRETARY (REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETY ACT 1959.)

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SRI UMESH A S, S/O SHREEKANTAIAH A.H PRESIDENT PEARLITE LINERS EMPLOYEES AND ANCILLARY UNITS HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED, HAVING ITS REGISTERED OFFICE AT G.R. AVENUE BUILDING, 1 FLOOR. ROOM NO.01, MAIN ROAD SHARAVATHI NAGAR, SHIMOGGA-577201

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MOHAMMED MANSUR, S/O MOHAMMED HUSSAIN, AGED ABOUT 59 YEARS, RESIDENT OF TIPPUNAGAR 3^RD CROSS LEFT SIDE, SHIMOGGA-577201

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THE SENIOR SUB-REGISTRAR SHIMOGGA DISTRICT SHIMOGGA-577201.

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…RESPONDENTS

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(BY SRI. MOHAMMMED JAFAR SHAH., AGA FOR R1, R2 & R6; SRI. RAJENDRA S ., ADVOCATE FOR R5; SRI. S.V. PRAKASH., ADVOCATE FOR R3 & R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO REGISTER THE SITE NO.331/A, SHIMOGGA CORPORATION PROPERTY ID NO.4691/4691NI NO.331A MEASURING 32 PLUS 47/2 X 40 FEET TOTAL 146.78 SQ METER BOUNDED ON WEST BY SITENO.316, WEST BY ROAD, NORTH BY SITE NO.331, SOUTH BY ROAD INFAVOUR OF PETITIONER NO.2 AS PER THE ORDER DATED 21-7-2005 PASSED BY THE HON'BLE HIGH COURT IN

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3 - NC: 2026:KHC:33940 WP No. 38860 of 2025

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HC-KAR

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W.P.NO.10258/2003 (CS-EL-M) UNDER ANNEXURE-B, BY ISSUING THE WRIT IN THE NATURE OF MANDAMUS, CONSEQUENTLY AND ETC.

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The petitioner is before this Court seeking for the following reliefs:

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a. Direct the respondent No.1 to register the site No.331/A, Shimogga Corporation Property ID No.4691/4691Ni No.331A measuring 32+47/2 X 40 feet Total 146.78 Sq Meter bounded on west by SiteNo.316, West by Road, North by Site No.331, South by Road infavour of petitioner No.2 as per the order dated 21-7-2005 passed by the Hon'ble High court in W.P.No.10258/2003 (CS-EL-M) under Annexure-B, by issuing the writ in the nature of mandamus, consequently.

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b. Quash the registered sale deed bearing No.SNG-109996-2023-24 dated 7-10-2023 under AnnexureG executed by the respondent No.3 and 4 infavour of respondent No.5 in the office of the Senior SubRegistrar, Shimogga, since it is violation of the order dated 21-7-2005 passed by the Hon'ble High court in V.P.No.10258/2003 (CS-EL-M) by issuing writ in the nature of certiorari.

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c. Issue any orders or directions as this Hon'ble Court deems to fit under the facts and circumstances of the case and including cost the interest of justice and equity.

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NC: 2026:KHC:33940 WP No. 38860 of 2025

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HC-KAR

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Essentially, the relief sought by the petitioner in prayer (a) is one of specific performance, while prayer (b) seeks cancellation of the sale deed. Such reliefs cannot be granted in a writ petition.

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Reserving liberty to the petitioner to avail appropriate remedies in appropriate forum. The petition stands

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disposed of.

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SD/(SURAJ GOVINDARAJ) JUDGE

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SR List No.: 1 Sl No.: 60

Smt. Shreelakshmi H Y v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Shreelakshmi H Y v. State of Karnataka

Case brief

What is this about?

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