Karnataka High Court
Shri. Yallappa S/O Siddappa Ambannavar vs The Sub-Registrar, Saundatti on 11 April, 2023
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WP No. 102221 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 102221 OF 2023 (GM-RES)
BETWEEN:
1. SHRI. YALLAPPA S/O SIDDAPPA AMBANNAVAR
AGE. 59 YEARS, OCC. EX-SERVICEMAN,
R/O. BEHIND BUS-STAND, BAILHONGAL
DIST. BELAGAVI,
AGRICULTURE, R/O. MULAGUND
TA AND DIST. GADAG-582117
...PETITIONER
(BY SRI. GANESH RAIBAGI, ADVOCATE)
AND:
1. THE SUB-REGISTRAR, SAUNDATTI
TQ. SAUNDATTI,
DIST. BELAGAVI-591126
2. MALLIKARJUN S/O SHANKRAPPA TOTAGER ALIAS
JAGADISH
TR KORISHETTAR
Digitally signed by
AGE. 58 YEARS, OCC. AGRICULTURE,
JAGADISH T R
Location: High
Court of Karnataka,
Dharwad Bench
R/O. SHANKAR E-MOTORS,
NEELIGIN ROAD, HUBBALLI-580009
3. CHANNABASAPPA S/O SANGAPPA PATTANASHETTI
AGE. 50 YEARS, OCC. AGRICULTURE,
R/O. OPP. BUS STAND, TQ. SAUNDATTI,
DIST. BELAGAVI-591126
...RESPONDENTS
(BY SRI. PRASHANT V MOGALI, HCGP FOR R1)
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WP No. 102221 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING THIS HON'BLE
COURT TO ISSUE A WRIT IN THE NATURE OF MANDAMUS
DIRECTING THE 1ST RESPONDENT NOT TO MAKE ANY
CHANGES/RECTIFY THE BOUNDARIES MENTIONED IN THE SALE
DEED DATED 29.07.2022 EXECUTED BY 2ND RESPONDENT IN
FAVOUR OF 3RD RESPONDENT TILL DISPOSAL OF THE SUIT BY
CONSIDERING THE REPRESENTATION DATED. 17.03.2023 FILED
BY THE PETITIONER PRODUCED AT ANNEXURE-H.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed seeking mandamus against respondent No.1-Sub Registrar not to register the rectification deed.
2. The petitioner along with his daughter has instituted a partition suit against his brother-in-laws. The petitioner herein claims that his wife Smt.Shobha has legitimate share in her parental properties and therefore, along with his daughter he has filed a partition suit. It appears that there are some alienations by his brother-in-law and therefore, he reasonably apprehends that they are seeking rectification of the sale deed dated 27.07.2022. -3- WP No. 102221 of 2023 Therefore, the petitioner submitted a representation to respondent No.1-Sub Registrar requesting not to register the rectification deed.
3. Heard the counsel for petitioner. Perused the material on record.
4. This Court is not inclined to issue a mandamus in the present case on hand. When petitioner along with his daughter has already instituted a suit in O.S.No.235/2022 seeking relief of partition and separate possession, then he has to workout his remedy in the pending partition suit. Any alienations or rectification deeds would be subject to result of the pending suit in O.S.No.235/2022. The petitioner is asserting right through his wife Smt.Shobha, who is no more. The petitioner along with his daughter is claiming that he is entitled to seek share in the parental property of his wife Smt.Shobha. The petitioner has to establish the right of his wife in her parental property and the said fact has to be substantiated by a full-fledged trial. -4- WP No. 102221 of 2023
5. In the present case on hand, the petitioner is not entitled to seek mandamus. This Court cannot issue a direction to the Sub-Registrar not to register the rectification deed.
6. Be that as it may. It is open for the petitioner to seek appropriate reliefs in the pending suit. Therefore, I am not inclined to grant any relief to the petitioner. The writ petition stands dismissed as devoid of merits.
7. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.
SD/-
JUDGE YAN, List No.: 1 Sl No.: 27