LAWS(KAR)-2023-5-340

SUNANDAMMA Vs. DISTRICT REGISTRAR

Decided On May 23, 2023
SUNANDAMMA Appellant
V/S
DISTRICT REGISTRAR Respondents

JUDGEMENT

(1.) Challenging impugned order bearing no. JI.NO/GA.NO.JI/673/2016-17 dtd. 1/10/2016 (Annexure-J) passed by respondent no.1, this writ petition is filed.

(2.) Sri P.N. Nanja Reddy, learned counsel for petitioner submitted that land bearing Sy.no.109, new no.123 of Singapura village, measuring 1 acre (hereinafter referred to as 'petition property') belongs to petitioners. It was granted on 19/4/1978 to Nanjundappa, father of petitioners no.1 to 5 and father-in-law of petitioner no.6. After death of Nanjundappa, Khata was mutated in name of his wife Smt.Achamma, who died intestate on 10/4/2006. As such, petitioners succeeded to property.

(3.) It was submitted that during life time of Smt.Achamma, husband of respondent no.4 and father of respondents no.5 and 6 namely Kemparaju played fraud on her and obtained her signatures on some papers and created sale deed dtd. 22/2/1997. However, due to undervaluation, its registration was refused. When Kemparaju sought to interfere with their peaceful possession based on said sale deed, petitioners filed O.S.no.260/2015 seeking for declaration of their title and for permanent injunction.