DR.SARASWATHI N v. THE JOINT DIRECTOR OF LAND RECORDS
Court: High Court of Karnataka
Bench: PRADEEP SINGH YERUR
Judgment date:
Case summary
High Court of Karnataka judgment dated 2024-12-18. DR.SARASWATHI N v. THE JOINT DIRECTOR OF LAND RECORDS. Read the judgment and case details on LawSphereX.
Judgment text
- 1 - WP No. 102937 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH TH DATED THIS THE 18 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102937 OF 2018 (KLR-RR/SUR) BETWEEN: DR. SARASWATHI N. , AGE: 42 YEARS, OCC: SERVICE, R/O: 14/2, J N M C, CAMPUS, NEHRU NAGAR, BELAGAVI-590010. …PETITIONER (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. THE JOINT DIRECTOR OF LAND RECORDS AND CITY SURVEY DEPARTMENT, NORTH RANGE, BELAGAVI, D. C. COMPOUND, BELAGAVI-590001. 2. THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND EX OFFICIO DEPUTY DIRECTOR OF LAND RECORDS, BELAGAVI, D. C. COMPOUND, BELAGAVI-590001. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS, MANJANNA BELAGAVI, OLD Z P OFFICE, BELAGAVI-590001. E Digitally signed by MANJANNA E 4. MOHAMMADSAB AZAMATSAB MULLA, Date: 2024. 12. 20 12:30:34 +0530 AGE: 70 YEARS, OCC: PENSIONER, R/O: MUNVALLI, TQ: SAUNDATTI, DIST: BELAGAVI, PRESENT AT H. NO. 94, ALTAF MANZIL, SHIVABASAVA NAGAR, BELAGAVI-590010.
…RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1-R3; SMT. P. G. NAIK, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER BEARING - 2 - WP No. 102937 of 2018 NO. REV/SR-20/2013-14 DATED:05. 08. 2015 BY THE RESPONDENT NO. 1 VIDE ANNEXURE "D" AND CONSEQUENTLY DIRECT THE RESPONDENT NO. 3 TO ENTER THE NAME OF THE PETITIONER AS PER SALE DEED DATED:02. 08. 2004 VIDE ANNEXURE "A". THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard the learned counsel for the petitioner, learned HCGP for respondent Nos. 1 to 3 and the learned counsel Smt. P. G. Naik for respondent No. 4. 2. Petitioner has filed a memo dated 09. 11.
2024 along with the application filed under Order XXIII Rule 3 read with Section 151 of CPC along with the compromise decree passed by the Trial Court in original suit in O. S. No. 433/2022 on the file of II Additional Senior Civil Judge & CJM, Belagavi at Belagavi on 19. 11. 2024. 3. It is submitted that the petitioner and respondent No. 4 have settled the matter between themselves by virtue of this compromise petition and a decree has been drawn accordingly, by the learned II Additional Senior Civil Judge & CJM, Belagavi. Respondent - 3 - WP No. 102937 of 2018 No. 4 has admitted that the petitioner has purchased CTS No. 9483 situated at Mahantesh Nagar, Mal-Maruti Extension, Belagavi, wherein the respondent No. 4 herein and another legal representative of respondent No. 4 are consenting parties. 4. Respondent No. 4 has submitted no objection to restoring the name of petitioner in the revenue records, as per the registered sale deed dated 02. 08. 2004.
Under the circumstances, since the parties have amicably settled matter and a compromise decree is drawn in the aforementioned original suit and the memo for disposal dated 09. 11. 2024, this petition filed by the petitioner, who was the defendant, in the trial Court requires to be disposed of. 5. Accordingly, I pass the following: ORDER i. This petition is disposed of in view of the compromise petition executed by the petitioner - 4 - WP No. 102937 of 2018 and the respondent No. 4 in the suit mentioned hereinabove. Consequently, the impugned order passed by the respondent No. 1 dated 05. 08. 2015 vide Annexure-D is hereby quashed. ii. A writ of mandamus is issued directing the respondent No. 3 to restore the name of the petitioner in the revenue records on the basis of the registered sale deed and the compromise deed. iii. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No. : 1 Sl No. : 91
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