High Court Karnataka High Court

Sri Michael D Sa vs The Sub Registrar on 9 October, 2009

Karnataka High Court
Sri Michael D Sa vs The Sub Registrar on 9 October, 2009
Author: Ajit J Gunjal
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 9m DAY OF OCTOBER izoosae

BEFORE

THE HON'BLE MR. JUsT1ei«:  

WRIT PETITION No.25442/

BEIWEEN:

Sri.Michael D'sa, _  _

S/o.Ja(:ob Vinnas D's'a,~  1

Aged: 50 years, '- _ .

Residing at Bar1'k.eshwafa;.."A _  -  '

Yedthare V11Iage:a,n_'--      
Kundapur.Ta1u1i, 'V  __    . ...PE'I'ITIONER

 _    I
I Mt/S._.Dha,1fraTashvTeeAssociates, AdVs.]

AND 

1. The Subu--IRe_'st1rar'V,'
_Bi,rn:dooif,  _____ 

I  _ Kz1n'dapi1:.Ta1uk,
'  "LTdAupi~Dv'1sti*1ct.

2; . The Districit Registrar,

Udupibistrict, Udupi. ...RESPONDENTS

It (zBy:Sr1.N.B.V1shwa,nath, AGA)

This writ petition is filed under Articles 226 and

_ of the Constitution of India with a prayer to quash
‘ the impugned endorsement dated 12.06.2009 issued by

the R1, Vide Annexure ‘A’ and also the endorsement

-2-

dated 9.7 .09, issued by the R2, vide Annexure ‘I-3’,
consequently direct the R1, to register the release deed
dated 12.6.2009, produced by the petitioner or””direct
the R2 to reconsider the endorsement issued by~.tIi.e0’Ri,
and pass order in accordance with law. ‘ » ”

This writ petition coming on
hearing in ‘B’ Group, this daypthe (30urt5;1r1ade;AVth_e V’
following: i T’ i = ‘

oeDeR’ie. ie

The petitioner is questioning 0′ th_e”endorsement
dated 12.06.2009 isVsuRe.’d_ “1..S_”i» respondent and aiso
the endorsement dated’.Q9;07:.2oe9gfiesi;ed by the 2nd

respondent;-.00′
* “a .0 document, the petitioners

mother her._cVtiiiV1dr:en have executed a release deed

(r.e_i’i:nquishment«deed) dated 12.06.2009 relinquishing

“.j,”9i’l1:::”share in the property in favour of the

:}:VVhen the same was presented for

regist.ra:tion before the IS’ respondent, an endorsement

is_u4″‘.’.ssued declining to register the same. though

V necessary documents were produced. Aggrieved by the

said endorsement. the petitioners preferred an appeal

/.

before the 2% respondent. The endorsement issued by

the Zn” respondent discloses that the petiti_oVn_er._V_ is

required to go back to the 131 respondent

all the necessary documents ..

respondent declines to register, there

appeal remedy.

3. I have by the
let and the A2″ the 131
respondent produce certain
docurn_ents.. nature of Record of Rights
and other to the property. Indeed
the caseetof is that the appiication for

ofzcitipanoy rigietyifas rejected on the ground that there

‘ ,.eXists.__a~residential house on the property. Be that as it

.’may sinc_e,..1′ the 1st respondent needs some more

docurnents, to process the documents for registration,

“1.’ A.th’e«_.petitioner is obliged to produce the same. Once the

‘document sought for by the let respondent are produced

before the 181 respondent, he is required to register the

said document. Hence, following order is passed:

(a) The petitioners to produce all the necessary
documents as sought for by
respondent. A

(b) On such production, :t’h”e”-1 Sta

register the document the

the requisite Starnpfiuty. it
{(2) Compliance three frorn°t1’ie date of
receipt of this

(d) Pet1jti'<:»:.r.;1V ;stari_ds Qfeéocordingly.

4. %%%% learned Additional

Government Advocate’ the respondents is

perrritted to file within four weeks.

ea/s
woes