Sri Mariyappa Since Deceased By His Lrs vs State Of Karnataka on 11 September, 2012

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Karnataka High Court

Sri Mariyappa Since Deceased By His Lrs vs State Of Karnataka on 11 September, 2012

Bench: Mohan Shantanagoudar

                              -1-


  IN THE HIGH COURT OF KARNATAKA AT BANGALORE

     DATED THIS THE 11TH DAY OF SEPTEMBER, 2012

                         BEFORE

 THE HON'BLE MR.JUSTICE MOHAN SHANTANAGOUDAR

     WRIT PETITION NOs.24845 & 36138-36141 &
             36142/2012 (GM-ST/RN)

BETWEEN :

Mariyappa
Since deceased by his LRs.,

1. Sri Narayana Swamy
   S/o Mariyappa
   Aged about 52 years

2. Sri Bathiyappa
   S/o Mariyappa
   Aged about 50 years

3. Kum. Vasanthamma
   D/o Mariyappa
   Aged about 45 years

4. Kum. Yashodhamma
   D/o Mariyappa
   Aged about 40 years

5. Kum. Radhamma
   D/o Mariyappa
   Aged about 35 years
                              -2-


6. Smt. Jayamma
   W/o Mariyappa
   Aged about 68 years

   All are Residing at
   Marasandra Village
   Jala Hobli
   Bangalore North Taluk.                 ..Petitioners

(By Sri Kaleemullah Shariff, Adv.,)

AND :

1. State of Karnataka
   Revenue Department
   By its Chief Secretary
   Vidhana Soudha
   Bangalore-560 002.

2. The Senior Sub-Registrar
   Yelahanka, Bangalore.                  ..Respondents

(By Sri K. Krishna, AGA.,)

      These writ petitions are filed under Articles 226 and
227 of the Constitution of India, praying to direct the R2 to
accept and register the rectification deed vide Annexure-B in
writ petition produced by them for registration in accordance
with law.

      These writ petitions coming on for preliminary hearing,
this day the Court made the following:-
                                        -3-


                              ORDER

Petitioners have sought for a direction to the second respondent to accept and register the rectification deed produced by them for registration in accordance with law.

2. Records reveal that the petitioners herein are the vendors of the property bearing Sy.No.55, measuring 4 acres situated at *Marasandra Village, Jala Hobli, Bangalore North Taluk. The sale deed dated 6.10.1997 came to be executed as per Annexure-A. According to the petitioners the survey number is wrongly mentioned in the sale deed at Annexure-A, dated 6.10.1997.

3. The petitioners being the vendors as well as Mr.B.S.Ashok (vendee) entered into one more agreement and the rectification deed as per Annexure-B, dated 10.2.2010 is executed. The * correction carried out vide Court Order dated 4.2.2013 -4- rectification deed reveals that, in the body of the sale deed at Annexure-A, the survey number of the property in question is wrongly mentioned as Sy.No.57/4 instead of Sy.No.55 and therefore it is necessary to get the said survey number corrected.

4. The Schedule attached to Annexure-A clearly reveals that the agricultural land Sy.No.55 is sold in favour of Sri B.S.Ashok by the petitioners herein. However, in the body of the sale deed at Annexure-A, it is wrongly mentioned as Sy.No.57/4 instead of Sy.No.55. In this view of the matter, the parties have amicably executed the rectification deed as per Annexure-B, dated 10.2.2012 and presented the same for registration.

Hence, it is just and proper to direct respondent No.2 to consider the request of the petitioner and -5- register the rectification deed at Annexure-B, dated 10.2.2012 as per law, at an early date.

Writ petitions are allowed accordingly.

Sd/-

JUDGE *ck/nk-

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