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