Karnataka High Court
Sri Basavaraju vs Smt Mahalakshmi on 23 June, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:21867
WP No. 14535 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.14535 OF 2022 (GM-CPC)
BETWEEN:
1. SRI BASAVARAJU
S/O LATE SIDDALINGAIAH
AGED ABOUT 51 YEARS
2. SRI SIDDARAJA
S/O LATE SIDDALINGAIAH
AGED ABOUT 52 YEARS.
BOTH ARE R/AT HAROHALLI,
KASABA HOBLI, MAGADI TALUK
RAMANGARA DISRICT-562 112.
...PETITIONERS
(BY SRI. MUDDURAJ C., ADVOCATE)
AND:
1. SMT MAHALAKSHMI
Digitally W/O BASVARAJU
signed by
VANDANA AGED ABOUT 47 YEARS,
S R/AT NO.THATAVALU
Location: KASBA HOBLI, MAGADI TALUK
High Court RAMANGARA DISTRICT - 562 120.
of
Karnataka
2. SMT RAJAMMA
W/O LATE SIDDALINGAIAH
AGED ABOUT 72 YEARS
3. SMT SUDHA
D/O LATE SIDDALINGAIAH
AGED ABOUT 34 YEARS
4. SRI RAGHU
S/O LATE SIDDALINGAIAH
AGED ABOUT 32 YEARS
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NC: 2023:KHC:21867
WP No. 14535 of 2022
SL.NOs.2 TO 4 ARE
R/AT HAROHALLI, KASABA HOBLI,
MAGADI TALUK
RAMANAGARA DISTRICT-562 112.
5. SMT MALAMMA
W/O SIDDAPPA
AGED ABOUT 55 YEARS
R/AT NO.254, EAST 3RD LINE,
K R PURAM, ITI COLONY
DOORAVANI NAGARA, BENGALURU-560 016.
6. SMT RATHNAMMA
W/O UMAPATHI
AGED ABOUT 50 YEARS,
R/O MANJUNATHA BADAVANE
JYOTHI NAGARA, MAGADI TOWN
MAGADI TALUK
RAMANAGARA DISTRICT-562 120.
7. SMT RENUKAMMA
W/O JAGADEESHA
AGED ABOUT 48 YEARS
R/AT NO.9, SUBBAIAH REDDY CROSS
HALASOORU, BENGALURU-560 008.
8. SMT MEENAKSHI
W/O LATE MANJUNATHA
AGED ABOUT 42 YEARS
HAROHALLI, KASABA HOBLI
MAGADI TALUK,
RAMANAGARA DISTRICT-562 112.
...RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DTD 23.05.2022 PASSED BY THE HON'BLE ADDITIONAL
SENIOR CIVIL JUDGE AT MAGADI, IN O.S.NO.316/2020, DISMISSING
THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONERS
U/S 151 OF CPC VIDE ANNEXURE-B AND C.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:21867
WP No. 14535 of 2022
ORDER
This petition is directed against the impugned order dated 23.05.2022 passed in O.S.No.316/2020 on the file of the Addl. Senior Civil Judge & JMFC, Magadi, whereby the application filed by the petitioners seeking a direction to the Registry of the trial Court to issue a fresh covering letter to the jurisdictional Sub- Registrar to register the Final Decree dated 02.01.2021 passed in the said suit engrossed on stamp paper, was dismissed by the trial Court.
2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.
3. The material on record discloses that pursuant to the compromise entered into between the parties, the trial Court passed the Final Decree dated 02.01.2021 and the same was engrossed on requisite stamp paper on 06.02.2021. Subsequently, petitioners - defendant Nos.5 and 8 filed the instant application seeking extension of time and condonation of delay in getting the Final Decree dated 02.01.2021 registered on the ground that survey sketch that was required was not available earlier and consequently, the Final Decree dated 02.01.2021, which was -4- NC: 2023:KHC:21867 WP No. 14535 of 2022 engrossed on stamp paper could not be presented for registration. It was therefore contended that the Registry of the Trial Court be directed to issue a fresh covering letter along with the Final Decree dated 02.01.2021 engrossed on stamp paper for registration.
4. It is needless to state that the respondents did not oppose the said application. However, the Trial Court proceeded to pass the impugned order rejecting the application on the ground that the stamp paper ought to have been presented for registration within the prescribed period of four months from the date on which it was engrossed as required under Section 23 of the Registration Act or four months thereafter, as required under Section 25 of the Registration Act. Aggrieved by the impugned order passed by the Trial Court, petitioners are before this Court by way of the present petition.
5. Learned counsel for the petitioners submits that petitioners would furnish fresh / new stamp paper for the Final Decree dated 02.01.2021 to be engrossed on the same in terms of the Compromise Decree dated 02.01.2021. It is submitted that immediately upon the Final Decree dated 02.01.2021 being engrossed on the fresh / new stamp paper to be furnished by the -5- NC: 2023:KHC:21867 WP No. 14535 of 2022 petitioners, Registry of the Trial Court may be directed to issue a covering letter to the jurisdictional Sub-Registrar to register the said Final Decree dated 02.01.2021. The submission is placed on record.
6. In view of the aforesaid facts and circumstances and submissions made by the learned counsel for the petitioners, I deem it just and appropriate to set aside the impugned order and dispose of this petition by issuing certain directions.
7. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The impugned order dated 23.05.2022 passed in O.S.No.316/2020 by the Addl. Senior Civil Judge & JMFC, Magadi, is hereby set aside.
(iii) Petitioners are directed to furnish the requisite stamp paper to the Trial Court for the purpose of drawing up of a fresh / new Final Decree as per the Compromise Decree dated 02.01.2021.
(iv) Immediately upon the petitioners furnishing a fresh stamp paper, the trial Court is directed to draw up a -6- NC: 2023:KHC:21867 WP No. 14535 of 2022 fresh / new Final Decree forthwith and issue a covering letter immediately in favour of the petitioners for the purpose of getting it registered in accordance with law.
(v) The Registry of the trial Court is also directed to take all other necessary steps to facilitate drawing up and registration of Final Decree dated 02.01.2021 in favour of the petitioners.
(vi) Subject to the aforesaid directions, petition stands allowed.
Sd/-
JUDGE SV